HomeMy WebLinkAboutAgenda Packet City Council - 09/12/2000STAFF BOOK (UNBOUND)
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CITY
COUNCIL
AGENDA
.lit
city of
Corpus
Chnsti
September 12, 2000
12:00 noon - City Counc~ Workshop regarding historical landfills ( Basement Training Room)
¢--~1:45 p.m.
Proclamation declaring the month of September, 2000 as "Prostate Cancer Awareness Month"
Proclamation declaring September 11-15, 2000 as "Try Transit Week"
Certificates of Commendation - Park & Recreation Department Recognition of Amateur Athletic
Federation's Athletes of the Year 2000
Introduction of Leadership Corpus Christi Class XXIX
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
SEPTEMBER 12, 2000
2:00 P.M.
PUBLIC NOTICE o THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council after the Presentations section. Please speak
intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimitedtothreeminutes.
If you have a petition or other information pertaining to your subject, please present it to the City Secretary.
"'Si ud. Desea didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espafiol en todas las juntas del
;oncilio para ayudade.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact
the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
A. Mayor Samuel Lo Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Michael Lohman, Calvary Tabernacle, Inc.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Javier D. Colmenero
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
~ hn
~ Longoria
.~lark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Agenda
Regular Council Meeting
~---September12,2000
~age 2
1.
F.
2.
MINUTES:
Approval of Regular Meeting of August 29, 2000. (Attachment # 1)
BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
Community Youth Development Steering Committee
Food Service Advisory Committee
Landmark Commission
Senior Companion Program Advisory Committee
APPROXIMATELY 2:00 P.M. - PUBLIC COMMENT FROM THE
AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA.
PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU
PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition or
other information pertaining to your subject, please present it to the Cfly Secretary.)
Si usted se didge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete
ingl~s-espaffol en la reunidn de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING.
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Update on the Automated Garbage Collection Pilot Program
EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as
motions, resolutions, or ordinances. /f deemed appropriate, the City Council
will use a different method of adoption from the one listed; may finally pass
an ordinance by adopting it as an emergency measure rather than a two
reading ordinance; or may modify the action specified. A motion to
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
,,--,September 12, 2000
'age 3
reconsider may be made at this meeting of a vote at the last regular, or a
subsequent special meeting; such agendas are incorporated herein for
reconsideration and action on any reconsidered item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has been
furnished with background and support material on each item, and/or it has been
discussed at a previous meeting. All items will be acted upon by one vote without
being discussed separately unless requested by a Council Member or a citizen, in
which event the item or items will immediately be withdrawn for individual
consideration in its normal sequence after the items not requiring separate
discussion have been acted upon. The remaining items will be adopted by one
vote.
ONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration.)
Motion approving a supply agreement with All Safety & Supply, Inc.,
Corpus Christi, Texas for approximately 985 pairs of hip and knee
boots in accordance with Bid Invitation No. BI-0143-00 based on total
low bid for an estimated annual expenditure of $17,093.50. The term
of the supply agreement will be for twelve months with an option to
extend for up to two additional twelve-month periods subject to the
approval of the supplier and the City Manager or his designee. The
boots will be purchased into Warehouse Inventory and issued to
vadous departments. Funds have been budgeted in FY00-01.
(Attachment # 3)
Motion authorizing the City Manager or his designee to execute a
construction contract in the amount of $17,496 with Malek, Inc. of
Corpus Chdsti, Texas for the Memorial Coliseum Pressurization
Project. (Attachment # 4)
Motion authorizing the acquisition of Parcels 20W and 21W located
on the west side of Omaha Drive between Leopard Street and the IH-
37 frontage road from Guesco, Inc. for $32,893 in connection with the
Omaha Drive Improvements project. (Attachment # 5)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
~--September 12, 2000
'age 4
9.a.
Ordinance abandoning and vacating a 1,750-square foot portion of a
5-foot wide utility easement out of Lot 2, Block 1, Sandalwood
Subdivision; and requiring CWS Communities, L.P,, the owners of
said property, to comply with the specified conditions and replat the
property within 180 days at owner's expense. (Attachment # 6)
Ordinance authorizing the City Manager or his designee to execute an
Interim Use Privilege Agreementwith Grande River Communications,
Inc. (GRCI), to install, operate, use, repair, and maintain 13.5 miles
of underground fiber optic facility within the following public street
rights-of-way (ROW) of the City of Corpus Chdsti from the Wilson
Plaza located at 606 N. Carancahua Street to the intersection of the
Sharpsburg Road ROW and the Texas Department of Transportation
(TXDOT) I.H. 37 ROW, specifically the facility will run from Wilson
Plaza north on the Carancahua Street ROW to Antelope Street, then
west on the Antelope Street ROW to Waco Street where the cable will
enter the TXDOT I.H. 37 South Access Road ROW, the cable will exit
the I.H. 37 State ROW at the Nueces Bay Boulevard ROW and turn
south to the Leopard Street ROW, at Leopard Street the cable will be
placed in an existing Southwestern Bell Telephone Duct System
where it will run west to the Sharpsburg Road ROW, then at
Sharpsburg Road the cable will run north within the ROW, until it
again enters the I.H. 37 State ROW, in consideration of payment of
$71,530. (Attachment # 7)
Motion authorizing the City Manager to accept an Interlocal
Agreement by and between the City of Corpus Christi, Texas and the
County of Kleberg, the County of San Patricio, and the County of
Nueces to share operating and maintenance costs of an integrated
alert notification and information system. (Attachment # 8)
Motion authorizing the City Manager or his designee to execute
Attachment No. 05 to Contract No. 7460005741-2001 with the Texas
Department of Health in the amount of $592,326 and providing for the
Bureau of Clinical and Nutrition Services to fund group nutrition
education, individual counseling, immunization services, and to
distribute food vouchers at no cost to individuals identified as having
nutritional deficiencies and/or nutritional risk during the period October
1, 2000 through September 30, 2001. (Attachment # 9)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
.._,September 12, 2000
~age 5
9.b.
10.
11.b.
12.a.
12.b.
Ordinance appropriating a grant from the Texas Department of Health
in the amount of $592,326 in the No. 1050 Federal/State Grants Fund
to fund nutrition education, individual counseling, immunization
services, and to distribute food vouchers at no cost to individuals
identified as having nutritional deficiencies and/or nutritional risk.
(Attachment # 9)
Motion authorizing the City Manager or his designee to execute an
annual joint funding agreement with the United States Geological
Survey (USGS), U.S. Department of the Interior, for the continuation
of surface water data collection and limited studies by the USGS for
the City's water supply activity; and providing for the City to pay the
USGS the amount $134,995, out of a total project cost of $175,690
during the federal fiscal year October 1,2000 through September 30,
2001. (Attachment # 10)
Motion authorizing the City Manager or his designee to accept a
renewal Weed & Seed grant in the amount of $350,000 for the
continued support of the Weed & Seed Program from the U.S.
Department of Justice (DO J). (Attachment # 11)
Ordinance appropriating $350,000 from the United States Department
of Justice for the continued support of the Weed and Seed Program
in the No. 1050 Federal/State Grants Fund. (Attachment # 11 )
Motion authorizing the City Manager or his designee to accept a grant
in the amount of $47,048 from the State of Texas, Office of the
Governor, Criminal Justice Division for third year funding of the Gang
Analysis Unit of the Police Department and to execute all related
documents. (Attachment # 12)
Ordinance appropriating $47,048 in the No. 1050 Federal/State
Grants Fund from the State of Texas, Office of the Governor, Criminal
Justice Division for third year funding of the Gang Analysis Unit of the
Police Department; transferring $19,702 from the No, 1020 General
Fund and appropriating it in the No. 1050 Federal/State Grants Fund
as matching funds. (Attachment # 12)
Motion authorizing the City Manager or his designee to accept a grant
in the amount of $83,194 from the State of Texas, Office of the
Governor, Criminal Justice Division for funding available to hire a
CITY COUNCIL
PRIORITY ISSUES
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agenda sum maW)
Agenda
Regular Council Meeting
.---September 12, 2000
lage 6
13.b.
14.
15.
computer forensics specialist and to execute all related documents.
(Attachment # 13)
Ordinance appropriating $53,194 in the No. 1050 Federal/State
Grants Fund from the State of Texas, Office of the Governor, Criminal
Justice Division for funding available to hire a computer forensics
specialist; transferring $5,075 from the No. 6010 Law Enforcement
Trust Fund and appropriating it in the No. 1050 Federal/State Grants
Fund as matching funds. (Attachment # 13)
Motion approving the application from Baylest, Inc. to temporarily
close the following street sections for the Bayfest 2000 Festival,
September 29 - October 1, 2000. (Attachment # 14)
a) Northbound Shoreline Boulevard (inside lane only), between
westbound Interstate 37 and Hughes Street, from 9:00 a.m.,
Wednesday, September 20 through 8:00 a.m. Friday,
September 29 and from 6:00 a.m., Monday, October 2 through
5:00 p.m., Wednesday, October 4, 2000.
b) Southbound Shoreline Boulevard (full closure), between
westbound Interstate 37 and Hughes Street, from 9:00 a.m.,
Wednesday, September 20 through 5:00 p.m., Wednesday,
October 4, 2000.
c) Northbound Shoreline Boulevard, (full closure), between
westbound Interstate 37 and Hughes Street, from 8:00 a.m.
Friday, September 29 through 6:00 a.m. Monday, October 2,
2000.
d) North Water Street (full closure), between Fitzgerald Street
and Hughes Street from 8:00 a.m. Friday, September 29
through 6:00 a.m., Monday, October 2, 2000.
e) Power Street, Resaca Street, Palo Alto Street, Fitzgerald
Street, and Hughes Street (full closures), each between Water
Street and N. Shoreline Boulevard, from 8:00 a.m., Friday,
September 29 through 6:00 a.m., Monday, October 2, 2000.
Motion authorizing the City Manager to execute an agreement with
DMG-Maximus to provide executive search services to fill the position
of Director of Management and Budget. (Attachment # 15)
Ordinance authorizing the City Manager or his designee to execute
five rent-a-car concession lease agreements with Pagan-Lewis
Motors dba Budget Rent-A-Car of Corpus Chdsti, Inc.; Coastal Bend
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September 12, 2000
~""age 7
16.b.
17.
Km
18.
Rent-A-Car, Inc. dba Avis Rent-A-Car; Mar Jean Texas, Inc. dba
Hertz Car Rental; National Car Rental of Corpus Christi, Inc.; and
Southwest - Tex Leasing Co., Inc. dba Advantage Rent-A-Car for
operation of a rent-a-car concession at Corpus Christi International
Airport in consideration of payment of the greater of a guaranteed
minimum concession fee or ten percent of the concessionaire's gross
monthly revenues with a term of up to twelve months. (Attachment
# 16)
First Reading Ordinance - Authorizing the City Manager or his
desig nee to execute five rent-a-car concession lease agreements with
Pagan-Lewis Motors dba Budget Rent-A-Car of Corpus Christi, Inc.;
Coastal Bend Rent-A-Car, Inc. dba Avis Rent-A-Car; Mar Jean Texas,
Inc. dba Hertz Car Rental; National Car Rental of Corpus Christi, Inc.;
and Southwest - Tex Leasing Co., Inc. dba Advantage Rent-A-Car for
operation of a rent-a-car concession at Corpus Christi International
Airport in consideration of payment of the greater of a guaranteed
minimum concession fee or ten percent of the concessionaire's gross
monthly revenues for a term of 18 months with a month to month
holdover period thereafter terminating on the date of final completion
of the new airport terminal facility. (Attachment # 16)
Second Reading Ordinance - Amend ing the City Code of Ordinances,
City of Corpus Christi, Chapter 33, Offenses and Miscellaneous
Provisions, Article VI. Graffiti Control, by holding property owners
responsible for the removal of graffiti from their property; providing for
criminal prosecution for failure to remove graffiti from their property;
allowing the City, after reasonable notice, to remove the graffiti if the
property owner fails to do so; providing for an effective date. (First
Reading - 8/29/00) (Attachment # 17)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0800-01, Impression Homes, Inc.: A change of zoning from
an "F-R" Farm-Rural District to an "R-1 B" One-family Dwelling District
on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being
4.773 acres out of Lot 12, located on the north side of Wooldridge
Road, approximately 275 feet west of Windsong Drive. (Attachment
# 18)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
,----September 12, 2000
age 8
Plannina Commission's and Staffs Recommendation: Approval of the
"R-1B" District.
ORDINANCE
Amending the Zoning Ordinance upon application by Impressions
Homes, Inc., by changing the zoning map in reference to 4.773 acres
out of Lot 12, Section 19, Flour Bluff and Encinal Farm and Garden
Tracts, from "F-R" Farm-Rural District to "R-1 B" One-family Dwelling
District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
19. Case No. 0800-02, Victor C. & Lana Huff: A change of zoning from a
"B-4" General Business District to an "1-2" Light Industrial District on
Saratoga Subdivision, Block A, located on the northeast corner of
Saratoga Boulevard and Greenwood Drive. (Attachment # 19)
20.
Planning Commission's and Staffs Recommendation: Approval of the
"1-2" District.
ORDINANCE
Amending the Zoning Ordinance upon application by Victor C. and
Lana Huff, by changing the zoning map in reference to Block A,
Saratoga Subdivision, from "B-4" General Business District to "1-2"
Light Industrial District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
Case No. 0800-03, John Barrera: A change of zoning from an "A-1"
Apartment House Distdct to an "R-1 C" One-family Dwelling District on
7.778 acres out of Lot 5, Section 11, Bohemian Colony Lands and the
north 411 feet of Lot 25, Block 1, Penn Place, located on the east side
of Weber Road, approximately 220 feet north of Aaron Drive.
(Attachment # 20)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Plannino Commission's and Staffs Recommendation: Approval of the
"R-1 C" District.
Agenda
Regular Council Meeting
~_.September 12, 2000
'age 9
ORDINANCE
Amending the Zoning Ordinance upon application by John Barrera by
changing the zoning map in reference to 7.778 acres out of Lot 5,
Section 11, Bohemian Colony Lands, from "A-1" Apartment House
District to "R-1C" One-family Dwelling District; amending the
Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
21.
First Reading Ordinance - Amending the City Code of Ordinances,
City of Corpus Christi, Chapter 12, Boats, Bays and Waterways,
Article 1, in general, Section 12-32, No Wake Zones, by adding
provisions establishing a No Wake Zone on the entire width of
Packery Channel adjoining the residential developments fronting
Packery Channel; providing for severance; providing for an effective
date. (Attachment # 21)
22.a.
Ordinance amending Ordinance No. 024188, which ordered a special
election on November 7, 2000 on questions of authorizing obligations
of the City supported by ad valorem taxes and authorizing a sales and
use tax pursuant to Section 4A of Article 5190.6, Vernon's Texas Civil
Statutes. (Attachment # 22)
22.b.
Resolution finding that it is advisable that the Corpus Christi Business
and Job Development Corporation be created pursuant to Section 4A
of the Development Corporation Act of 1979, approving Articles of
Corporation for the Corporation, and specifying the public purpose
which the Corporation may further on behalf of the City of Corpus
Christi. (Attachment # 22)
23.a.
Resolution amending the Investment Policy to provide maximum
amounts that may be invested in the Local Government Investment
Cooperative and the Texas Local Government Investment Public
Funds Investment Pools, and adopting the City Investment Policy, as
amended. (Attachment # 23)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
,_.September12,2000
~age 10
23.b.
23.c.
24.a.
24.b.
25.
A26.
Resolution authorizing participation in TEXPOOL and designating
authorized representatives. (Attachment # 23)
Resolution authorizing participation in the Local Government
Investment Cooperative and designating authorized representatives.
(Attachment # 23)
Ordinance by the City Council of the City of Corpus Christi, Texas
providing for the issuance of $13,990,000 City of Corpus Christi,
Texas Combination Tax and Revenue Certificates of Obligation,
Series 2000, and ordaining other matters relating to the subject.
(Attachment # 24)
Ordinance appropriating $13,990,000 from the proceeds of the sale
of Combination Tax and Revenue Certificates of Obligation, Sedes
2000 in the No. 3411 Sanitary Landfill 2000 CIP Fund to purchase
property for a new landfill, pay for final cover cost, repay advances
from the Utility System funds, and perform certain street
improvements approved in the Capital Improvement Plan.
(Attachment # 24)
Motion authorizing the City Manager or his designee to exercise an
Option to Purchase for acquisition of 2,273.59 acres from John O.
Chapman, Jr. in the amount of $5,021,109, including closing costs for
the development of the new Cefe F. Valenzuela Landfill. (Attachment
# 25)
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in orderto discuss matters
listed on the agenda, when authorized by the provisions of the Open
Meetings Act, Chapter 551 of the Texas Government Code. In the event the
Council elects to go into executive session regarding an agenda item, the
section or sections of the Open Meetings Act authotYzing the executive
session will be publicly announced by the presiding officer.
Executive session pursuant to Texas Government Code Section
551.074 regarding appointment of Municipal Court Judge, with
possible discussion and action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
,---September 12, 2000
~age 11
27.
Executive session pursuant to Texas Government Code Section
551.071 regarding proposed Agreed Order with TNRCC regarding
Notice of Enforcement Action City of Corpus Christi, Port and Pearse
Lift Station located at the corner of Port Avenue and Pearse Street,
the Leeward Lift Station located at the corner of Leeward Street and
Running Light Road, the unauthorized scrap tire storage facility
located at Holly Road and Civitan Street and the J.C. Elliott Landfill,
7001 Ayers Street, Corpus Christi, Nueces County, NPDES Permit
No. TX S000601, TNRCC Id No. 14T001 and Municipal Solid Waste
Permit No. 423A Docket No. 2000-0301-MWD-E; Enforcement Id No.
14703 with possible discussion and action related thereto in open
session.
REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff,'
reports of activities of individual Council members and Staff,' constituent
concerns; current topics raised by media; follow-up on Staff assignments;
scheduling of future Council meetings and activities; and other bdef
discussions regarding city-related matters.
28. CITY MANAGER'S REPORT
29,
30.
O.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hail, 1201 Leopard Street, at 2:30 p.m.. September 8 ,2000.
Armando Chapa
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Rebr to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
,---September 12, 2000
~age 12
NOTE:
The City Council Agenda can be found on the City's Home
Page at www. ci.corpus-christi.tx. us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
CITY COUNCIL
1999 PRIORITY ISSUES: CONTINUE "AS IS"
Improve Basic Services: Trash, Brush, Debris
Improve Basic Services: Street and Road Maintenance
Improve Basic Services: Animal Control
Improve Basic Services: Quality Water
Improve Basic Services: Lighting
Stormwater / Drainage
Northside Plan
Residential / Community Park Development
Capital Improvements / Bond Issue
Airport Improvements
Street Assessment
Golf Course
Youth Crime Initiatives
Environmental Compliance
Development Center
Community-Oriented Policing
1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS
Privatize Services
· Explore additional opporttmities
Crime Control District Initiatives
· Address budget concems and the ability to fund the program for the long-term
Bayfront Development Plan
· Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area
· Continue coordination / collaboration among entities in the area
Improve Basic Services: Park Maintenance
· Prepare / repair facilities
· Evaluate current facilities for improvement priorities
· Identify undeveloped park land for possible sale
· Consider outsourcing neighborhood park maintenance to Neighborhood Associations,
with assurances of equity
· Explore establishment of Adopt-A-Park program
Animal Control
· Ensure adequate staff and equipment
· Establish a "Cooperative Veterinarian" program
Economic Development
· Participate with local and regional economic development initiatives (not necessarily
with funding)
Bayfront Convention Center Expansion
· Modify plans or identify altemative funding sources as a result of study
NEW PRIORITY ISSUES FOR 2000
InternalIssues
Charter Revision
· Tax Cap
· Term Limits
· Utility Transfers
· Review previous Charter Commission's recommendations
Improve Working Relationships with Other Taxing Entities
· Invite to quarterly meetings
· "Tax Sununit"
· Explore opportunities to share in tobacco settlement dollars
Landscaping / Improvement of Entryway from Corpus Christi International Airport
· Code enforcement
Address Long-term Budgetary Issues
· Reach agreement on a plan / philosophy
· Acquire software, ensure monthly requisitions and timely CAFR
Legislative Issues
Museum of Science and History Long-Range Plan
Tax Increment Financing District (Packery Charmel)
Long-range Strategic Water Planning Capacity
External Issues
Metrocom
Crosstown Expressway
Spaceport
Medical Campus
Long-range (after the Bond Issue)
Downtown Development
· Median improvement / landscaping
· Plan for development of west end of downtown (First United Methodist Church to
Memorial Coliseum)
Hospitality Industry Development - Central City
CC Beach Development
Marina Development
Developmentoflsland, Post-Packery Channel
Foreign Trade Zone Expansion
Community-wide Visioning Process
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 29, 2000
2:00 p.m.
PRESENT,
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Melody Cooper*
Council Members:
Javier D. Colmenero
Henry Garrett*
Dr. Arnold GonTales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretaxy Rachelle P. Ram6n
Mayor Neat called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Robin McCullugh-Bade, Galilean Lutheran Church-
ELCA, following which the Pledge of Allegiance to the United States flag was led by Council
Member Colmenero.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting. Mayor Neal called for approval
of the minutes of the regular Council meeting of August 22, 2000. A motion was made and passed
to approve the minutes as presented.
*Council Members Cooper and Garrett arrived at 2:04 p.m.
Mayor Neat opened discussion on Item 2, designating an area in the North Padre Island
seawall area as a tax increment financing (TIF) district. City Secretary Chapa stated that Council
Members Garrett and Go~7~les had filed disclosure affidavits regarding this item and they would be
abstaining from discussing or voting on it as required by state law because they own nearby property
whose value may be affected. A motion was made, seconded and passed to open the public hearing.
Assistant City Manager Tom Utter said the placement of sand in front of the North Padre
Island seawall and the opening of a channel to the Gulf of Mexico has been discussed for many
years. He said the 1999 Water Resources Development Act includes the "North Padre Island Storm
Damage Reduction and Environmental Restoration Project." He said that project involves the
placement of sand in front of the Padre Island seawall to restore the beach and protect the seawall.
The sand is to be taken from the dredging and channelization of a reopened Packery Channel. The
project is preliminarily estimated to cost $30 million, with $19.5 million being provided by the
Minutes - Regular Council Meeting
August 29, 2000
Page 2
federal government and $10.5 million as the local match.
Mr. Utter noted that the Water Resources Development Act also requires the U.S. Army
Corps of Engineers (COE) to undertake two findings: 1) to determine if the project is
environmentally acceptable; and 2) to determine if the project is technically sound. The COE, which
has initiated those two projects, requested that a local sponsor step forward. During its March 21,
2000 meeting, the City Council accepted that responsibility and authorized the preparation of a
preliminary financial plan for a possible tax increment financing district on North Padre Island.
Mr. Utter said the proposed district contains 1,930.3 acres of principally undeveloped land
with development centering on hotel, motel, condominium and business uses. In addition to the
seawall and Packcry Channel projects, staff is preliminarily recommending the construction of a
beach/visitor parking facility on the seawall on city-owned property at a cost of $750,000.
He went on to say that the city engaged the services of Economic Research Associates (ERA)
to provide estimates of tax increment funds to be generated by development in the proposed district.
Under the conservative development scenario, cumulative tax revenues between 2001-2020 are
estimated to be $90 million, while the oppommistic scenario estimates revenues to be $139 million.
Mr. Utter explained the concept of tax increment financing: the additional taxes brought about by
the new development would go into a fund to pay for the public improvements which caused the new
development to take place.
Mr. Utter said the COE expects the technically sound portion of the study to be completed
by the end of November 2000, and the study regarding the environmental aspects is scheduled for
completion in summer 2001. He said if those reports are favorable, the COE could be ready to sign
a project agreement with the city in January 2002. Mr. Utter added that the project would be financed
through the sale of bonds to interests on the island; consequently, it is in the best interest of the bond
parchasers to have the development take place. In addition, there is a condition stipulating that the
maintenance of the facility would be taken care of before any bond payments would be made. He
also noted that presentations and discussions with staff have been held with the participating entities.
Mr. Dan Martin, partner in the finn of ERA, said that ERA are leisure-time economists. He
said two years ago ERA completed a tourism development strategy for Corpus Christi and previously
the firm had conducted about I 0 other studies here. For this project, Mr. Martin said ERA conducted
two studies: a tax increment financing projection and an economic impact study for possible
development in the TIF district, Under the latter study, ERA looked at impacts of new visitors,
construction, related jobs and wages, and finances. Mr. Martin proceeded to give a computer
presentation describing the scope of their studies and their conclusions, including the conservative
and oppommistic scenarios previously discussed by Mr. Utter.
Mr. Jeff Leuschel, of McCall, Parkhurst and Horton, said he has reviewed several of the
documents before the Council, including the proposed first reading ordinance. He said this financing
structure (the TIF) is becoming more commonly used throughout the state in the development of
underdeveloped properties. Mr. Leuschel said the preliminary finance plan and the proposed
Minutes - Regular Council Meeting
August 29, 2000
Page 3
ordinance comport with the requirements of the statute, and the notice of the public hearing was duly
given. He said he was sure the final financing plan will reflect comments made during this public
hearing as well as meetings with other taxing units in the area.
Mr. John Michel, of, Naismith Engineering, said Nueees County spent approximately three
years reviewing the overall economic, technical and environmental feasibility aspects of this project.
He said the technical coastal process work was performed by Dr. Nick Kraus, who was previously
with the Conrad Blueher Institute for Surveying and Science. (He has since left to lead the Corps of
Engineers' inlet research program.) The economic work was performed by Hammer, Siler, George
Associates of Atlanta and the coastal engineering and cost estimating was performed by Shiner,
Moseley & Associates of Corpus Christi.
Mr. Michael noted that the Texas General Land Office (GLO) performed a peer review of
the Blucher team's work, which was paid for by the state and was separate from Naismith
Engineering's work. He said the GLO's peer panel concluded that the work prepared for Nueces
County was thorough and based on solid science. He said that panel made some specific
reeornmendations regarding development of a long-term sand management plan for the project, but
they indicated that could be done as the project moved forward into design and implementation. He
said in essence the COE is performing a peer review of the original peer review.
Mr. Michael said that as Dr. Kraus conducted his study, two tropical storms hit Padre Island,
which highlighted the need to protect the seawall there. The seawall itself protects an area containing
a considerable amount of public and private development. He said FEMA's flood elevations for the
development there were based on the ongoing integrity of the seawall. Mr. Michael noted that the
continuing maintenance of Packcry Channel will provide future sources of renourishment for the
beach in front of the seawall.
Mr. Michael added that in response to a request by Congress several years ago, the Corps
determined that they could not justify the project based solely on its environmental merits, given the
constraints they had to work under. However, he said staff is working with the Corps to get the cost-
to-benefit analysis where it needs to be.
Mr. Jim Shiner, of Shiner, Moseley & Associates, said the Blucher Institute had done much
work on specific aspects of the project, such as the length of the jetties and the width of the channel.
In determining cost estimates, Mr. Shiner said his fm'n did not just rely on their experience with
similar projects but they also talked with four different dredging contractors and two different out-of-
state contractors which do nothing but rock construction of this type. He noted that the three major
cost items on this project are dredging, jetties, and shoreline protection, and they feel those numbers
are valid.
Responding to questions from Mayor Neat, Mr. Utter said the TIF bonds are proposed not
to be a general obligation of the city, the county or any govemmental entity; they would solely be
the responsibility oft he tax increment. He reiterated the preliminary cost breakdown of $19.5 million
federal monies and $10.5 million local, and he said the conservative scenario estimates that the TIF
Minutes - Regular Council Meeting
August 29, 2000
Page 4
will produce three to four times the amount necessary to amortize the bonds. Mr. Utter and the other
speakers then answered several Council members' questions. Mayor Neat called for public comment.
Mr. Joe McComb, a Nueces County Commissioner, said the impact on the city from this
project is significant. He said the property value behind the seawall has diminished significantly
because of the rolling easement of the property line established by the state. Mr. McComb noted that
Nueces County has been interested in this project for years but one of the options that was not
available to the county was the creation of a tax increment financing district; consequently, the
county could not pursue that method of funding the project. After the city stepped forward as the
project's sponsor, the County Commissioners passed a resolution supporting the city's active
participation in this project.
Mr. Joe Wilson, 2018 Caribbean, said he is in favor of the project although he does not own
any real estate on Padre Island.
Mr. Frank Hankins, 721 Crestview Dr., said the Corps has not completed its studies and he
questioned whether this action is not premature. He said he will not speak in favor of or against this
project but the time line is important.
Mr. Trian Serbu, 14310 Playa del Rey, said the TIF concept is supposed to be for blighted
areas. He said growth on Padre Island has increased tremendously in the last decade despite the
absence of this project. He said the construction and maintenance costs will be much higher than
projected, adding that this proposal is a hoax.
Ms. Gail Hoffrnan, Executive Director of Associated General Contractors, said she was
reaffirming her support for this project, which can have a tremendous economic impact on the area.
Mr. Bill Braselton, 6038 Edgewater, said this is an excellent way to increase property values
and utilize the potential of Padre Island.
Mr. CliffZarsky, 5202 Wooldridge, said when he served on the Council 20 years ago he
believed then and continues to believe that tourism and convention business are some of Corpus
Christi's best assets. He said this project is one of the city' s best opportunities for growth.
Mr. Don Feferman, 318 Bermuda, said he was a lawyer for the Padre Isles project for over
20 years beginning in the late 1960s. He said that project has developed very slowly in comparison
to what the developer thought would happen. He said now he has no financial or professional interest
in Padre Island, although he feels this project will benefit the whole city.
Mr. Bill Goin, representing the Padre Island Business Association, said this project is not
only important to Padre Island but to the whole county. He urged the Council's support.
Mr. Richard Pittman, President of the Padre Isles Property Owners Association (PIPOA), said
7,500 residents currently live on Padre Island, which has over $40 million in property values. He
Minutes - Regular Council Meeting
August 29, 2000
Page 5
showed pictures of the seawail when it was first built (with an extensive beachhead); covered with
high tides; and damage resulting from Hurricane Allen. He asked the Council to support the project.
Mr. Gene Knight, Director of the PIPOA, said they support this project for the safety and
welfare of the community. He said this is the final piece of the pu771e because the city has already
built the public infrastructure to support the growth on the island. He said the island is basically
zoned and settled on the west side of Park Road 22, while the east side is not. He said Packcry
Channel is the centerpiece of that side of the island.
Mr. David Cheek, CEO of the C.C. Association of Reaitors, recognized his organization's
members who were present. He said they support the project and urged the Council to approve it.
Ms. Elizabeth Walker, 13969 Das Marinas, said she has been in favor of this project for
years. As a wildlife photographer, she would never support anything that would endanger that part
of her life.
Ms. Betty Spencer, 13845 Hawksnest Bay Dr., said that if the projected development does
not occur, it would appear that the city would have to step in to protect its invesmaent, which would
involve taxpayer dollars. She expressed concern that the Council was not using the TIF to directly
help the Hispanic and African-American areas of the city but rother to benefit certain developers, real
estate agents, and others who stand to make millions of dollars from this project. She said it is the
Council's responsibility to gain the public's support.
Mr. JeffFrahm, 13501 Royai Fifth Court, said there is a broad base of information in support
of the Packery Channel project. He encouraged people to rely on facts when making a decision about
this project.
Mr. Foster Edwards, I 18 Alta PlaTa, said he was glad the Council found a way to finance this
project. He said many people believe this project will cause tremendous economic growth that will
benefit not only the city but the entire community.
Mr. Byron Wooldddge, 6705 Deerwood, said the money coming from the federal
government is the citizens' tax money. He expressed concern about the design and effect of the
jetties and whether the channel would compromise the integrity of the island as a barrier island,
which puts the city at a possible risk. He added that the citizens have t, Mce said "no" to this project.
Mr. Jack Gordy, 310 Norton, said there was not much reassurance by the project's proponents
that it would not have an impact. He said the Council promised to support the people and during the
county's bond election in 1997, the people turned down this project. He added that his federal
income taxes will be used for Packery Channel against his wishes.
Mr. Dixon Clements, Executive Officer for the Builders Association, said their membership
is supportive of the TIF district and the Packcry Channel project. He said it will put in motion a
tremendous growth oppommity for the community, meaning new jobs and economic development.
Minutes - Regular Council Meeting
August 29, 2000
Page 6
Ms. Marie Speer said the beach erosion is inevitable and she said it would be prudent to wait
until the Corps of Engineers' report is completed before proceeding. She noted that the Corps will
be holding a scoping meeting on September 7th, and she said that Del Mar has not yet voted on it.
Mr. Joe Hail, Pastor of Seabreeze Ministries on Padre Island, said he moved to Corpus
Christi because he feels it is a dynamic community and he is supportive of the project. He said he
hopes the Council will use good common sense on this issue and not succumb to hysterics.
Mr. Gene Guernsey, 7522 Holly Road, said he owns reai estate on Padre Island. He said in
the weeks after this proposal was first discussed, he sold $200,000 worth of lots on the island to be
developed, and much more growth is expected.
Mr. Tom Niskaia, CEO of the Corpus Cluisti Chamber of Commerce, said the Chamber has
passed a resolution in support of this project, which is important to the community.
Ms. Dorothy Spann, member of the Del Mar College Board of Regents, said she has
supported the Packcry Channel project in the past. However, she said this proposai will cost the
college money, which she explained.
Mr. J.E. O'Brien, 4130 Pompano, said the voters in this community have said "no" to
Packcry Channel, yet the politicians persist in pursuing it. He expressed concern about the legitimacy
of the public hearing and the process the Council is following, including the TIF time table. He
referred to the Attorney General's handbook on economic development laws for Texas cities
regarding the formation of TIFs. He said he believes no formai presentation has been made to the
Flour Bluff school district. He said he also thought the ordinance's wording violates the Texas
Property Tax Code.
City Attorney Bray replied that the "optionai" reference in the time table should have been
struck. He said the statute does not require the formai hearings to be prior to the public hearing; in
fact, the statute has no specific requirement for when the formai presentation will take place. He said
the presentation to Flour Bluff will occur on August 31 st in full compliance with the Act, as will ail
the presentations. Mayor Neai pointed out that it is not intended that Flour Bluff lSD be a participant
in the TIF, which Mr. Bray confirmed. He added that if the financiai forecasts for the TIF district are
correct, Flour Bluff lSD will experience a windfall.
Mr. Abel Alonzo, 1701 Thames, said he is glad there are so many positive, proactive people
speaking out during a Council meeting. He said Corpus Christi has not grown because citizens are
not willing to pay the price for that growth. Mr. Alonzo added that this issue should not be addressed
from an ethnic standpoint.
Ms. Pat Suter, 1002 Chamberlain, said she has been against the dredging of Packery Channel
for a long time. She asked whether the city, as a sponsor of the project, will do anything except sell
the bonds. Mr. Garcia briefly reiterated the concept of tax increment financing and he added that the
city is not obligated in any way other than the sale of the bonds.
Minutes - Regular Council Meeting
August 29, 2000
Page 7
Mr. Charles Spencer, 13845 Hawksnest Bay Dr., said he was opposed to the development
of the TIF district. He said he and his wife were initially intrigued by the proposal to dredge Packery
Channel but now they believe it is a risky project that will only benefit developers, contractors and
others in similar fields. He said the TIF concept has been cunvoluted for other than its original
purposes, and he quoted criticisms made about this project. He said it should be put to the voters.
Ms. Kay Noyes, 930 Coral, said she is completely opposed to dredging Packcry Channel. She
said she does not want to see taxes or insurance increase anymore.
Ms. Kim Irwin, 13957 Das Marinas, said she is a real estate agent on Padre Island and she
was offended by the comments made against realtors. She said realtors spend their money in this
community and serve as ambassadors here. She said she is in favor of the TtF district because it will
take the burden off the taxpayers, provide new jobs, and stimulate the economy.
Mr. Ed Williams, 15622 Three Fathom Bank Dr., said he is also a realtor on the island and
it is clear that unless the city experiences some economic upturn, city services will be affected. He
said why not spend federal tax dollars in this community rother than elsewhere. He said hotels and
a possible convention center will not be built on the island without some incentive.
Mr. Joey Jarreau, Director of Sales and Marketing for the Convention and Visitors Bureau,
said this project will have great economic impact on the tourism industry. He said citizens such as
he and his wife want to raise their families in a city with great economic potential.
Mr. Alex Harris said it is important to deal with the facts about this project. He said the
taxpayers said they did not want to spend their money on this project, so the Council found a way
to fund this project without using their tax dollars. He said it is very important to move this
community forward.
Mr. R.F. Hasker, 1813 Wailace, said he and Ms. Suter have been against the Packcry Channel
project fi'om the beginning. He said the TIF proposal is a disaster waiting to happen, and he said this
is an example of "pork barreling." He said this issue should be placed on the ballot.
Ms. Mary Beth Nelson, 2721 Erie Dr., said she is vice-chair of the state board of Common
Cause, an organiyntion that tries to hold power accountable. She said there is a problem with erosion
of public trust in Corpus Christi, adding that this issue has been twice rejected by the voters. She said
there is time to place this issue on the ballot in November.
Mr. John Trice, 13706 Tajamar St., said he has been in the banking business on Padre Island
for 10 years. He said the creation of the TIF district will provide high-quality development by people
who have the money and wherewithal to protect the environment. He said the members of the Padre
Island Business Association do not want Padre Island to be a Miami Beach.
Ms. Marsha Williams said she and other realtors want Corpus Christi to move forward. She
noted that many realtors own property, some of them owning multiple properties. She said people
Minutes ~ Regular Council Meeting
August 29, 2000
Page 8
leaving Corpus Cbxisti toll the realtors that if Corpus Christi does not move forward, it will move
backward. She urged the Council's support of the project.
Council Member Betty Jean Longoria made a motion to close the public hearing, seconded
by Council Member Cooper, and passed.
Mayor Neal asked about the dredging and maintenance issue. Mr. Utter said the estimated
total project cost of $30 million includes a $4 million maintenance reserve. He said the Corps will
help determine if that amount is sufficient, and he emphasized that they intend to ensure that this
project is maintained. Mr. Michael further described the issue ofongoing dredging.
Responding to other questions from the Mayor, Mr. Utter said a participating entity does not
give up any of the taxes it is now receiving; rother, only the tax increment created by the new private
investment would go into the TIF district. Mr. Garcia said they are also anticipating an accelerated
increase in the property values in the area, which will be captured. He reiterated that they are not
asking the Flour BlufflSD to participate because of the loss of federal funds that could occur.
Mr. Utter said the time period of this program will be determined by the need to pay off the
bonds and build up the maintenance reserve. He said they are estimating that to be less than 20 years.
He noted that major development on Padre Island will create jobs and economic development
activity all across the city and the area.
In reply to Mayor Neai, City Secretary Chapa stated that in 1989 the Council approved an
ordinance establishing a comprehensive plan for Padre Island. One of the elements of the plan was
the development of Packery Channel. He said under the initiative and referendum clause of the City
Charter, citizens submitted a petition to the city which included approximately 8,500 signatures. He
said his office verified some 6,500 signatures and the ordinance was repealed.
Council Member Kinnison referred to the issue raised about a possible burden on the city' s
General Fund. Mr. Utter explained that the police and f~re beats on the island receive fewer calls than
in any other portion of the city. He said the proposed TIF district is a compact area close to the police
and fire facilities; consequently, he said they do not anticipate additional police and fire services. He
said staff will provide a written report about beach cleaning that might be needed. Mr. Utter said the
city' s bond counsel worked with city staff and ERA to make sure the study met the tests for the
bonds. He also described the time frame for receiving the Corps' reports and the bond sale process.
Responding to Council Member Scott, Mr. Utter said ERA estimates (conservatively) that
an additional $3.6 million in hotol/motel tax revenue will be generated by the increased
development, with around $686,000 going into the General Fund from sales tax revenues. Mr. Garcia
said that earlier Mr. Leuschel had said this proposal meets the necessary tosts. Mr. Utter said the
Corps of Engineers will be holding a scoping meeting on September 7th from 7-9 p.m. at the
Bayfront Plaza Convention Center, Room 220. He further described the concept of tax increment
financing and the issue of how the rolling property line in front of the seawall affected property
values there.
Minutes - Regular Council Meeting
August 29, 2000
Page 9
Mr. Scott asked whether it is less expensive to pump sand from out in the gulf to renourish
the beach in front of the seawall. Mr. Michael said when Galveston had to renourish its beaches, it
had to pump in sand from three miles offshore, which was about three times morn expensive than
it would be to mine the sand adjacent to the beach. Mr. Garcia said that for the Corps to proceed with
this project they need a local parmer that has the ability to pay for it, which is part of the reason staff
is recommending the formation of the TIF district at this time.
Council Member Colmenero requested additional information about the police and fire calls
on the island. Responding to Mr. Colrnenero, Mr. Garcia said nothing they are doing that day
changes the tax rote; in addition, almost all of the residential properties have been excluded from the
TIF dislrict. Mr. Utter described why it is in the developers' best interest to support this project, and
Mr. Garcia discussed the history of TIFs. Mr. Garcia said city staff have been meeting monthly with
staff from the Corps regarding specific aspects of the design of Packery Channel.
Mr. Colmenero said he took exception to a previous speaker's comment that this project
entails selective development. He said this Council has been working very hard to expand
possibilities to all areas of the city, and people should not be raising the issue of color.
Mayor Neat said that for years a substantial number of citizens have cloaked their "loyal
opposition" in the form of mislrast of government. He said on several occasions he has asked those
citizens what they would be willing to support, and they do not offer suggestions. He said if they are
not in favor of growth, they should just say so. The Mayor also said the long-term benefit of this
community is in their hands and they need to put aside those things that divide them in order to
create more oppommities.
Mr. Scott delineated the many benefits of this project and the steps that need to be taken for
it to proceed. He said he thinks this is a good plan and the public should have the opportunity to
participate. Mr. Chapa polled the Council for their votes as follows:
2.b. FIRST READING ORDINANCE
Designating a certain area within the jurisdiction of the City of Corpus Christi as a tax
increment icing disu'ict to be known as "Reinvestment Zone Number Two, City of
Corpus Christi, Texas," establishing a Board of Directors for such Reinvestment Zone, and
other matters relating thereto.
The foregoing ordinance passed on first reading by the following vote: Neai, Colmenem,
Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett and Gonzales
abstaining.
Mr. Scott said he thought the public should have 30 to 45 days to provide written comment
to the proposal and then let staff develop answers to those questions. Mayor Neal suggested that the
second reading of the ordinance be considered at the Council' s October 17th meeting. He then called
for a brief recess.
9
Minutes - Regular Council Meeting
August 29, 2000
Page 10
Mayor Neal called for petitions from the audience.
Ms. Pat Suter complimented the Park and Recreation employees for their efforts in Blucher
Park and Suter Park, and she asked them to not tell people to drop off animals in those parks.
Mr. Mike Baker, 4641 Gayle Circle, said Heritage Park is a slowly dimming sparkle on the
bayfront due to budget constraints. He urged the Council to tour Heritage Park to see the changes
for themselves and to direct staff to fred ways to address the problems there.
Mr. Gregory Boss, 14328 Playa del Rey, discussed the problem of excessive boat speeds and
jet ski speeds in Packcry Channel, and the desire of the neighbors to have a "no-wake zone"
established there. Mr. Bray said that issue could be scheduled for the September 12th meeting.
Mr. Jack Gordy said he had suggested in 1997 that prisoners be used to clean the utility poles
and remove illegal signs. He said removing the signs is not enforcement; issuing citations for those
violations is enforcement.
Mr. Byron Wooldridge said that in 1994 and 1995 he suggested that a city-owned co-
generation plant could make money for the city, but members of the previous city govemment called
him a liar. However, now a 1,340 mega-watt co-generation plan will be built in this area, and the city
of Tampa Bay has shown that desalination is a feasible source of water. He also said he had offered
in a letter to Mr. Garcia to study for free the problems the pipeline pumps were having, but he was
tumed down. Mr. Wooldridge said he does not trnst the Council and he will fight any tax increases
they want to impose.
Mayor Neal referred to the presentations on the day's agenda. The furst presentation was
made by Mr. Billy Parks, District Engineer of the Texas Department of Transportation (TXDOT).
Mr. Parks gave an overview of several current Priority 1 TXDOT projects, including those on
sections of the following streets: FM 2~A4, to rehabilitate the roadway and widen it; FM 1889, to
rehabilitate the roadway and add shoulders; Park Road 22, to add travel lanes and shoulders in each
direction; SH 286, to install a freeway management system for detection and verification; SH 358,
to install a surveillance system for detection and verification; and projects to replace certain bridges
and approaches.
Mr. Parks and members of the TXDOT staff also answered Council members' questions and
discussed other transportation issues, such as 1-69, the JFK Causeway, and the Five Points
interchange.
The second presentation was made by Deputy City Manager Noe regarding the creation of
a corporation under Section 4A of the Development Corporation Act of 1979. Mr. Noe explained
10
Minutes - Regular Council Meeting
August 29, 2000
Page 11
that the 4A corporation, winch will officially be called the Corpus Christi Business and Job
Development Corporation, will oversee the implementation of any and all sales tax initiatives winch
may be approved by the voters on November 7, 2000. He said the duration of the corporation would
nm concurrent with the sales tax propositions.
Mr. Noe then reviewed two specific articles of the proposed articles of incorporation for the
4A corporation. He said highlights of Article 4 are that it tracks the provisions of the election
ordinance, including those on the economic development sales tax; requires funds from each
proposition to be accounted for separately; and it empowers the corporation board to develop policies
on contracts/recapture provisions subject to the Council's approval.
He said Article 9, which deals with the corporation's board of directors, includes the
following provisions: five-member board with one-year terms expiring on August 31 st of each year;
six-year term limits (similar to other city boards); the City Manager is the Executive Director; the
City Secretary is the Assistant Secretary; the board elects its own officers; and the board is subject
to the open meetings and open records provisions. In conclusion, Mr. Noe said staff is asking that
the Council provide direction on the articles of incorporation, after which staff will bring this item
back to the Council on September 12th for approval of the articles and appointment of the board.
Council Member Garrett said he was under the impression that there would be a board of
directon for each of the three sales tax initiatives. City Attorney Bray replied that under the statute
there can only be one 4A corporation and one board of directors.
Council Member Kinnison asked if the corporation will have a budget. Mr. Noe said the
board will approve a budget and submit it to the Council for their approval. Mr. Garcia said anything
that goes to the board will be developed by city personnel, who work for the City Council. Mr. Noe
said the bonds will be the corporation' s debt. Mr. Kinnison suggested that the board members' terms
expire on July 31st to coincide with the city' s fiscal year.
Responding to Council Member Gonzales, Mr. Bray said all three of the 1/Sth cent sales
taxes have to be administered solely for the purposes allowed by the act and contained in the ballot
ordinance. Dr. Gonzales expressed concern that the five-member board would be responsible for
overseeing the activities of the sales tax initiatives for the seawall, multipurpose arena, and job
development program. Dr. Gonzales and Mrs. Longoria said they thought the board would deal
specifically with job development. A discussion ensued about the role of the 4A corporation and the
role of the Economic Development Corporation (winch is a separate entity consisting of a 15-
member board). Mr. Garcia and Mr. Bray responded to Council members' questions about several
aspects of the 4A corporation.
Mayor Neal pointed out that the proposed articles clearly state that the purpose of the
corporation is to "undertake, maintain, and fmance projects" authorized through Propositions 4, 5,
and 6 on the election ballot for November 7, 2000. He said the Council needs to move forward and
appoint a board that will be inclusive and made up ofpeople who have an understanding of how
those things should and can be done, and who will be good trustees of the funds.
Minutes - Regular Council Meeting
August 29, 2000
Page 12
Mayor Neal called for consideration of the consent agenda (Items 4-20). Council members
requested that Items 6, 7, and 9 be withheld for discussion. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes and the following were passed:
4. M2000-299
Motion appreving a supply agreement for approximately 43,600 hours of temporary custodial
services for the Convention Center and Coliseum in accordance with Bid Invitation No. BI-
0156-00 with L.K. Jordan & Associates, Corpus Christi, Texas, based on low bid, for an
estimated annual expenditure of $353,160. The term of the contract will be for twelve
months with an option to extend for up to two additional twelve-month periods, subject to
the approval of the supplier and the City Manager or his desiguee. Funds are budgeted in
FY00-01.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrert,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
5. M2000-300
Motion approving the purchase of fourteen (14) radios with chargers, belt clips and batteries
from CoroNet Ericsson, Ingleside, Texas, for the total amotmt of $34,701.50. The award is
based on sole source and will be used by the Fire Depamnent. Funds for three of the radios
are budgeted under the Fire Department's operating budget as replacements. Funding for
the remaining eleven radios are available under the WMD Grant Program.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
8. M2000-304
Motion authorizing the City Manager or his designee to execute a contract for professional
services in the amount of $84,700 with Bennett, Martin, Solka and Tomo Architects, Inc. for
the Senior Community Services Central Kitchen.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
10.a. M2000-305
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$144,290 from the State of Texas, Office of the Governor, Criminal Justice Division for
funding eligible under the FY 1999 Juvenile Accountability Incentive Block Grants Program
and to execute all related documents.
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Minutes - Regular Council Meeting
August 29, 2000
Page 13
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria. J. Longoria, and Scott voting "Aye."
10 .b. ORDINANCE NO. 024179
Ordinance appropriating $144,290 from the State of Texas, Office of the Governor, Criminal
Justice Division, in the No. 1050 FederaliState Grants Fund for funding eligible under the
FY 1999 Juvenile Accountability Incentive Block Grants Program; transferring $16,032 from
the No. 6010 Law Enforcement Trust Fund and appropriating it in the No. 1050 Federal/State
Grants Fund as matching funds.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, ConTales, Kinnison, B. Longo~a, J. Longoria, and Scott voting
"Aye."
11 .a. M2000-306
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$137,514 and to execute a contract and all related documents with Texas State Library and
Archives Commission for the continued operation of the Interlibrary Loan Referral Center
located at the Corpus Christi Public Library.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
11 .b. ORDINANCE NO. 024180
Ordinance appropriating $137,514 from the Texas State Library and Archives Commission
for operating the Interlibrary Loan Center by the South Texas Library System, administered
by the Corpus Christi Public Library in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
12.a. M2000-307
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$61,385 and to execute a contract and all related documents with the Texas State Library and
Archives Commission for the continued operation of the Technical Assistance Negotiated
Grant Program administered by the South Texas Library System, which is located at Corpus
Christi Public Library for the State Fiscal Year 2000-01.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
Minutes - Regular Council Meeting
August 29, 2000
Page 14
12.b. ORDINANCE NO. 024181
Ordinance appropriating $61,385 from the Texas State Library and Archives Commission
for technical assistance to the South Texas Library System administered by the Corpus
Christi Public Library in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, GonT~les, Kinnison, B. Longoria, J. Longoria, and Scott voting
13.a. M2000-308
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$764,420 and to execute a contract and all related documents with the Texas State Library
and Archives Commission for the continued operation of the South Texas Library System
located at Corpus Christi Public Library for the State Fiscal Year 2000-01.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzates, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
13 .b. ORDINANCE NO. 024182
Ordinance appropriating $764,420 firom the Texas State Library and Archives Commission
to operate the South Texas Library System administered by the Corpus Christi Public Librmy
in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, Gonzates, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
14.a. M2000-309
Motion authorizing the City Manager or his designee to sign a grant agreement with the
United States Department of the Interior Bureau of Reclamation in the amount of $205,065
for site security improvements and enhancement at Choke Canyon Dam.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
14.b. ORDINANCENO. 024183
Ordinance appropriating $205,065 from the United States Depamxient of Interior Bureau of
Reclamation for site security improvements and enhancement at Choke Canyon Dam in the
No. 1050 Federal/State Grant Fund.
14
Minutes - Regular Council Meeting
August 29, 2000
Page 15
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, Go~Tales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
15. M2000-310
Motion approving an Interlocal Agreement with the Coastal Bend Council of Governments
for E9-1-1 Service, PSAP Equipment and Addressing/Addressing Maintenance.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonz. ales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
16. RESOLUTION NO. 024184
Resolution authorizing the City Manager or his designee to execute a Mutual Aid Fire
Fighting Assistance Agreement between Naval Air Station Corpus Christi and Corpus Christi
Fire Depathnent, Corpus Christi, Texas.
The foregoing resolution passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gortzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
17. RESOLUTION NO. 024185
Resolution approving the dissolution of the Corpus Christi Health Facilities Development
Corporation.
The foregoing resolution passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
18. OI?dDINANCE NO. 024186
Ordinance abandoning and vacating a 1,541.72-square foot portion of a 10-foot wide utility
easement out of Lots A and B-3, Block 1, Paisley Tract; requiring Shelby/Estus Realty
Group, the owner of said property, to comply with the specified conditions and replat the
property within 180 days at owner's expense.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting
"Aye."
19. ORDINANCE NO. 024187
Ordinance abandoning and vacating a 1,100-square foot portion of a 1 O-foot wide utility
easement out of Lot 15, Block 38, King's Crossing Unit 1, Phase 1 and Lot 17, Section 9,
Minutes - Regular Council Meeting
August 29, 2000
Page 16
20.
Flour Bluff and Encinal Farm and Garden Tracts, requiring Williamson T. Hough, Jr., the
owner of said property, to comply with the specified conditions and replat the property within
180 days at owner's expense.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
ORDINANCE NO. 024188
Ordinance ordering a Special Election to be held on November 7, 2000, in the City of Corpus
Christi on the questions of authorizing obligations of the City supported by ad valorem taxes
and authorizing a sales and use tax pursuant to Section 4A of Article 5190.6, Vernon' s Texas
Civil Statutes; providing for procedures for holding such election; providing for notice of
election and publication thereof; providing for establishment of branch early polling places;
designating polling place locations; authorizing a joint election with Nueces County; and
enacting provisions incident and relating to subject and purpose of this ordinance.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, GonTales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
Mayor Neal opened discussion on Item 6. Council Member Gonzales said he had just
received answers to his questions on both Items 6 and 7. City Secretary Chapa polled the Council
for their votes as follows:
6.a. M2000-301
Motion authorizing the City Manager or his designee to execute a Non-Residential Standard
Performance Contract with Central Power and Light for an LED Traffic Signal Changeore
Program.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Go~Tales, Kiunison, B. Longoria, and J. Longoria voting "Aye"; Scott absent.
6.b. M2000-302
Motion approving the purchase of 488 LED traffic signals, 1,165 LED pedestrian signals and
kits, 836 LED traffic signal kits, and assorted mounting hardware from the following
companies for the following amounts, in accordance with Bid Invitation No. BI-0097-00,
based on low bid and low bid meeting specifications. The LED equipment will be installed
by the Traffic Signals Division of the Street Department. Funds have been budgeted in
FY00-01.
Minutes - Regular Council Meeting
August 29, 2000
Page 17
Control Technologies of Texas
Tomball. Texas
Items 1.1, 1.3,3.1,3.2,4.1,4.2, 11 & 12
$535,666.86
ACM Highway Products
Round Rock, Texas
Items 5.0, 6.0, 7.0, 8.0, 9.0 and 13.0
$173,705.70
Consolidated Traffic Controls
Arlington. Texas
Items 1.2, 1.4, 1.5, 1.6, and 2.0
$137,870.81
Traffic Parts, Inc.
Spxing. Texas
Item l0.0
$7,128
Grand Total: $854,371.37
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longofia, and J. Longotis voting "Aye"; Scott absent.
7. M2000-303
Motion authorizing the City Manager or his designee to execute a construction contract with
Elite Construction Company for a total fee not to exceed $224,180 for the Theodore
Merchant "Buddy" Lawrence House Renovation.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent.
Mayor Neal opened discussion on Item 9, Bayfest lease. He pointed out inconsistencies in
the insurance requirements. Mr. Bray replied that it appeared the item contained both the standard
form used by staff for street closures as well as the indemnities included in the Bayfest contract. The
Mayor also questioned when workers compensation was pulled from the requirements for people
performing work for and on city property. City Manager Garcia said he would withdraw this item
to be brought back at a later date.
Motion approving thc application froni Bayfc3t, Inc. to tenlporarily closc the following strect
sections for thc Bayfeat 2000 Festival, Septc,-rrbcr 29 October 1, 2000.
a) Northbound Shorclinc Boulevard (inside lanc only), b~n ~vcstbound Intcrstatc
37 and Ilughcs Strect, fro,,, 9:00 a. ni., Wecincsday, Scptcn~bcr 20 through 8:00 a.iih
Friday, Scptcnlbcr 29 and from 6:00 a~m., Monday, October 2 through 5:00 p.m.,
Wednesday, Octobcr 4, 2000.
b) Southbound Shorclinc Boulevard (full clo~urc), bct~vccn westhound Intcrstatc 37 and
Ihghcs Strcct, from 9:00 a.m., Wednesday, Scptcn~bcr 20 through 5:00 p.ii,.,
~Vcdncsday, Octobcr 4, 2000.
c) Northbound Shorclinc Boulcvard, (full closure), between ~vcst-bound Intcrstatc 37 and
Ilughcs Street, from 8:00 a.iii. Friday, Scptcmbcr 29 through 6:00 a.rc,. Monday,
17
Minutes - Regular Council Meeting
August 29, 2000
Page 18
d)
Octobcr 2, 2000.
North Water Siroct (full closurc), bctwc'cn Fitzgerald Strect and Ilughcs Strcct from
8:00 a.rr.. Friday, Scptcnibcr 29 through 6:00 a.m., Monday, Octobcr 2, 2000.
Power Street, Rcsaca Street, Palo Alto Strect, Fitzgcrald Strcct, and Ilughcs Strect
(full closurcs), cach bctwccn Watcr Strect and N. Shorclinc Boulevard, from 8:00
a.iii., Friday, Scptcmbcr 29 through 6:00 a. iii., Monday, Octobcr 2, 2000.
Mayor Neal called for a brief recess.
Mayor Neat referred to Item 21, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
21.
Case No. 0600-12. C.A. Kaczenski: A change of zoning from an "R-1B" One-family
Dwelling District to a "B-1" Neighborhood Business District on Alameda Park, Block 6, Lot
29, located on the east side of Everhart Road. between Meridian and Pompano Place.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-1" District, and in lieu thereof, approval of a "B-1A" Neighborhood Business District. Mr.
Michel Gunning, Director of Planning and Development, gave a brief presentation describing this
zoning application. Mayor Neat called for public comment.
Mr. Paul Brandes, 4150 Harry, said he and his wife were opposed to this type of business
zoning. He said in that area of Everhart Road, properties have been rezoned several times. He said
he thought rezoning to "AB" Professional Office District would be a more appropriate zoning for
the subject property. Mr. Gunning said the applicant not only wished to open a hair salon, which is
allowed under the "AB" zoning, but to also sell hair products to the public, which is not allowed.
Consequently, staff was recommending the "B-1A" Neighborhood Business District. He added that
the applicant was planning to invest a lot of money in the property, including removing a dilapidated
structure and replacing it with a new structure that will be residential in character.
Mrs. Nora Govett, 4146 Harry St., said she was not opposed to professional office zoning but
to the traffic that currently exists on Everhart Road. She said the neighborhood business zoning
would create more traffic. Dr. Gonzales made a motion to close the public hearing, seconded by Mr.
Scott, and passed.
Responding to Mr. Scott, Mr. Gunning said one of the unique aspects of the "B-1A" zoning
is the limitation on the amount of lot area a building can cover (basically 50% of the lot area). He
said he thought the "B-1A" zoning would be far more limiting with regard to traffic than many of
the "AB" uses because of the limited size of the building.
Mayor Neat said this area is similar to the area around Moore PlaT~> and he suggested that
the Planning Commission look at busy streets such as Everhart Road which are changing from
Minutes - Regular Council Meeting
August 29, 2000
Page 19
residential to commercial uses. Mr. Gunning noted that the "B-1A" zoning has an incentive to limit
the number of driveways. Mr. Garrett asked about the zoning of specific lots near the subject
property, and Mr. Gunning said they are residential. Mr. Chapa polled the Council for their votes:
21. ORDINANCE NO. 024189
Amending the Zoning Ordinance upon application by C.A. Kaczenski by changing the
zoning map in reference to Lot 29, Block 6, Alameda Park, from "R-1B" One-family
Dwelling District to "B-1A" Neighborhood Business DisUict; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Cooper, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and Garrett
voting "No"; J. Longoria absent.
Mayor Neat referred to Item 22, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
22.
Case No. 0600-13. E.V. DeLeon: A change of zoning from an "I-2" Light Industrial District
and "R-1B" One-family Dwelling District to a "B-4" General Business District on 2.527
acres out of Forsman Tract, located on the northwest comer of Morgan Avenue and Espinosa
Street.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-4" District. No one appeared in opposition to the zoning change. Dr. Gonzales made a motion
to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for
their votes as follows:
ORDINANCE NO. 024190
Amending the Zoning Ordinance upon application by E. V. DeLeon by changing the zoning
map in reference to the south 2,527 acres of Forsman Tract out of Lots 1 and 2, J.P. Cormell
Farm Lots, from "R-1B" One-family Dwelling District and "I-2" Light Industrial District to
"B4" General Business District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longofia, and Scott voting "Aye"; J.
Longoria absent.
19
Minutes - Regular Council Meeting
August 29, 2000
Page 20
Mayor Neat referred to Item 23, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
23.
Case No. 0700-02. St. Luke's United Methodist Church: A change of zoning from an "A-1"
Apmh~xent House District to a "B-1" Neighborhood Business District on Lindale Park Unit
4, Block 36, Lots 1 and 2, located on the northwest comer of McCall Street and Reid Drive.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-1" District, and in lieu thereof, approval of a Special Permit for an off-site parking lot with a two-
year limit subject to five (5) conditions.
Mr. Gunning referred to page 306 of the support material and said staff was recommending
an amendment to the fourth special permit condition regarding landscaping which would delete the
requirement for canopy tree planting. No one appeared in opposition to the zoning change. Mr. Scott
made a motion to amend the ordinance as discussed by Mr. Gunning, seconded by Mr. Colmenero,
and passed. Dr. ConTales then made a motion to close the public hearing, seconded by Ms. Cooper,
and passed.
Responding to Mr. Kinnison, Mr. Gunning said the landscaping requdement will be 15% of
the street yard, excluding the driveways. Mr. Scott asked if the applicants were in agreement with
the amendment, and Mr. Gunning said they were. He added that the ordinance allows for a two-year
period for the special permit and the applicant has the option of requesting an extension to the special
pennit. Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 024191
Amending the Zoning Ordinance upon application by St. Luke's United Methodist Church
by changing the zoning map in reference to Lots 1 and 2, Block 36, Lindale Park Unit 4
(currently zoned "A- 1" Apartment House Dislrict) by granting a Special Permit for an off-site
parking lot, subject to five (5) conditions; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and
Scott voting "Aye"; J. Longoria absent.
Mayor Neat referred to Item 24, and a motion was made, seconded and passed to open the
public heating on the following zoning case:
24.
Case No. 0700-04. Koch Petroleum Group L.P.: A change of zoning from an "R-1B" One-
family Dwelling District with a "SP" Special Permit, "A-1" Apartment House District', "A-
1" Apartment House District with a "SP" Special Permit, and "Bo l" Neighborhood Business
2O
Minutes - Regular Council Meeting
August 29, 2000
Page 21
District to "B-3" Business Dislrict on Nueces Bay Heights Extension, Block 25, Lots 1
through 4, and 17 through 20, located on the east side of Nueces Bay Boulevard, between
Moore and Minton Streets.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-3" District. No one appeared in opposition to the zoning change. Mrs. Longoria made a motion
to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for
their votes as follows:
24. ORDINANCE NO. 024192
Amending the Zoning Ordinance upon application by Koch Petroleum Group, L.P. by
changing the zoning map in reference to Lots 1 through 4 and 17 through 20, Block 25,
Nueces Bay Heights Extension, from "R-I B" One-family Dwelling District, "R-1B" One-
family Dwelling District with a "SP" Special Permit, "A- 1" Apartment House District, "A- 1"
Apartment House District with a "SP" Special Permit, and "B-1" Neighborhood Business
District to "B-3" Business District; mending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, GonT~!es, Kinnison, B. Longoria, and Scott voting "Aye"; J.
Longoria absent.
Mayor Neai opened discussion on Item 25, graffiti control. City Secretary Chapa stated that
members of the Junior League, a proponent of this action, were present earlier but had to leave to
attend another meeting. There were no comments from the audience.
Council Member Garrett said that when this ordinance was originally drafted a few years ago
(when he served as Police Chief), they carefully avoided the very changes staff was recommending.
Mr. Garcia said staffs intention was to balance the need for an incentive to remove graffiti while
also protecting the rights of property owners. He noted that a citizen whose property has been
vandalized with graffi~ has the choice of removing the graffiti himself or allowing a volunteer
organization to remove it for him at no cost. He said if at some point in the future the volunteer
programs are no longer in existence, the penalties would also cease.
Responding to Council Member Colmenero, Mr. Garcia and Mr. Tony Cisneros, Director of
Park and Recreation, described how the public will be informed about this program. Mr. Chapa
polled the Council for their votes as follows:
25. FIRST READING ORDINANCE
Amending the City Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and
21
Minutes - Regular Council Meeting
August 29, 2000
Page 22
Miscellaneous Provisions, Article VI. Omffiti Control, by holding property owners
responsible for the removal ofgraffiti from their property; providing for criminal prosecution
for failure to remove graffiti from their property; allowing the City, after reasonable notice,
to remove the graffiti if the property owner falls to do so; providing for an effective date.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neat opened discussion on Item 26, amending the election ordinance. Mr. Cisneros
said this was the final list of proposed land being recommended for sale. He described some
amendments staff was recommending, including adjustments to the acreage amounts and that the
parcel previously referred to as Parkview Park was actually Cresmaont Park.
Council Member Gonzales referred to the map of Meldo Park, and Mr. Cisneros said s'mgle-
family residences are located on one side of the park and church property is located on the other side.
Mr. Bray said he thought that area was zoned "R-1B." Council Member Colmenero made a motion
to amend Item 26 as recommended by staff, seconded by Council Member John Longoria, and
passed. City Secretary Chapa polled the Council for their votes as follows:
26. ORDINANCE NO. 024193
Ordinance amending the election ordinance adopted on August 29, 2000 (ordering a Special
Election on November 7, 2000) to add a ballot proposition for sale of certain park land.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Neat, Colmenero, Cooper, Carfelt, Gonzales, Kirmison, B. Longoria, J.
Longoria, and Scott voting "Aye."
Mayor Neat opened discussion on Item 27, prescribing the taxes to be levied. Mr. Jorge Cmz-
Aedo, Director of Financial Services, said this is the adoption of the tax roll and it is very dose to
staffs projections in the budget. There were no comments from the audience.
Council Member Gonzales referred to the table of General Obligation bonds and interest
maturing August 1, 2000-July 31, 2001. He noted that the principal is $8.1 million and the interest
and fees are $11.1 million, which Mr. Cruz-Aedo confirmed. He said staff is always looking at ways
to lower the city' s interest costs. City Secretary Chapa polled the Council for their votes as follows:
27. ORDINANCE NO. 024194
Prescribing the taxes to be levied, assessed and collected by the City of Corpus Christi, Texas
22
Minutes - Regular Council Meeting
August 29, 2000
Page 23
for tax year 2000 and for each succeeding year thereafter until otherwise provided and
ordained and such other years as the same may be applicable.
The foregoing ordinance passed on second reading by the following vote: Neat, Colmenero,
Cooper, Garrett, Gonzales, Kirmison, J. Longoria, and Scott voting "Aye"; B. Longoria
absent.
Mayor Neat opened discussion on Item 28, approving the 2000 tax levy. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
28. M2000-311
Motion approving the 2000 Tax Levy of $47,727,872 based upon the adopted tax rate of
$.623726 per $ 100 valuation in accordance with Section 26.09(e) of the Texas Property Tax
Code.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
GopTa!es, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neat opened discussion on Item 29, concessionaire agreement. Mr. Garcia explained
that the city had a five-year agreement with Noble Food Service for the concessions at the Bayfront
Plaza Convention Center and Memorial Coliseum. He noted that the city is in the midst of a major
renovation of the convention center and one of the consultant's recommendations was to go to an
exclusive catering agreement for the convention center. He said one of the provisions of those
contracts is to require that the successful concessionaire participate in the finish-out and capital
improvement of the building. Mr. Garcia said since they are not yet at that point in the construction
schedule, staffs intent is to extend the existing concessionaire contract for one year until staff can
go out for an exclusive long-term contract.
Council Member John Longoria said he has constituents who are interested in bidding on this
contract, even if it is only for one year. He added that Noble Food Service has not been receptive to
certain situations and he would not support the proposed extension of Noble's contract.
Responding to Council Member Gonzales, Mr. Garcia and Mr. Hal Peterson, Director of
Convention Facilities, pointed out that the whole character of the concession agreement may change
not only because of the convention center expansion but also because of the possible addition of an
arena. Dr. Gon731es said he thought staff should request new bids now rother than extending this
contract. Council Member Scott asked what would be the downside of bidding it out for one year.
Mr. Garcia replied that staff believes the city would receive less money for a one-year contract
becanse any new concessionaire would have to purchase the equipment to provide the services. Mr.
23
Minutes - Regular Council Meeting
August 29, 2000
Page 24
Scott asked if Noble is a local company, and Mr. Peterson said it is.
In reply to Council Member Kinnison, Mr. Peterson described some of the equipment
required and the time table for the convention center. Council Member Colmenero said he thought
staffs proposal was feasible. Following additional discussion, Mr. Garcia said staff would do
whatever Council directed them to do, but he would rather spend the time developing a long-term
contract than preparing to go out for bids for a one-year contract.
Mayor Neat called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes:
29. FAILED
Ordinance m-licnding Ordinanec No. 022393 to cxtcnd thc Bayfront Plaza Convcntion Ccntcr
and Mcnlorial Coliscug, Conccssionairc Agrccnlcnt with Noble Food Scrvicc, Inc. for-a
period of one ycar (January 1, 2001 to January I, 2002).
The foregoing ordinance failed to pass by the following vote: Colmenero voting "Aye"; Neal,
Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "No"; Cooper and B. Longoria
absent.
Mayor Neal called for the City Manager's report. Mr. Garcia noted that the Corps of
Engineers will be holding a public scoping meeting on September 7th at 7 p.m. at the convention
center. He added that the Legislative Weekend is scheduled to begin September 15th, and the next
Council meeting will be held September 12th with a workshop beginning at noon.
The Mayor asked if the proposal to raise the level of Lake Corpus Christi, as recommended
by Freese & Nichols, requires any action on the part of the Council. Mr. Garcia said it will require
approval by the TNRCC. The Mayor then called for Council concerns and reports.
Mr. Garrett asked that Police Sgt. R.Lj Garcia and Sgt. Kelly Isaac be recognized for their
efforts in the investigations of the recent gang-related shootings.
Dr. Gonzales asked that city staff be available to' assist Council members with questions at
public meetings.
There being no further business to come before the Council, Mayor Neai adjourned the
Council meeting at 8:20 p.m. on August 29, 2000.
24
COMMUNITY YOUTH DEVELOPMENT (78415) STEERING COMMITTEE -
Five (5) vacancies with two-year terms to 8-31-02 (at least three must be residents of the
78415 zip code area).
COMPOSITION
9 voting members. The officers of the committee shall be residents of the 78415 zip
code area. Terms are for two years. State guidelines require that at least 51% of the
collaborative steering committee members must be community residents or people
closely connected to the commtmity who are not social service providers. State
guidelines also require that no members of the committee may be related to each other.
State guidelines also require that no individual who is croploved by the Fiscal Agent
(City of Corpus Christi) or any organization submitting a proposal for funding
through the CYD Program. or their immediate family members. may serve on the
committee. An expiration date for this committee was set as August 31, 2003, unless
funds for the program end sooner.
MEMBER TERM
ORIGINAL
APPTD. DATE
* Dick Leonard 8-31-00 4-25-00
* Rosario Cardzo (78415 ResidenO 8-31-00 4-25-00
* Jackie Martin (78415 ResidenO 8-31-00 5-27-97
Christine Nguyen 8-31-01 4-25-00
Yolanda Navarro (78415 ResidenO 8-31-01 4-25-00
Karen Lucero 8-31-01 4-25-00
Rolando Perez (78415 ResidenO 8-31-01 4-25-00
** Seline Ramos (78415Residen0 8-31-00 4-25-00
** Sylvia Ford 8-31-00 4-25-00
* Seeking reappointment
** Not seeking reappointment
ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Dick Leonard
Rosario Carrizo (78415 Resident)
Jackie Martin (78415 Resident)
6 6 100%
6 4 67%
I1 I1 100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Penny Grochow
Assistant Chief- Prevention Services, Nueces County Juvenile
Probation Department. Master of Science degree in Counseling
and B. A. in Sociology from Texas A&M - Corpus Christi.
Member of Coastal Bend Alliance for Youth, Truancy Reduction
Impact Program, and Gulf Coast Council of La Raza. (8-18-00)
9-12-00.WPD, page 1 25
Pat Taylor Currently employed by Workforce Network Inc. B.A. in
Communications from Texas A&M - Corpus Christi. (5-22-00)
Verla Gene Varino
Sharon Williams
Director of Volunteer Services, Nueces County Juvenile Justice
Center. (78415 ResidenO (5-18-00)
Former employee of Doctors Regional Hospital. Volunteers with the
American Heart Association and the Better Business Bureau. Holds a
Bachelor's degree in Business Administration. (78415 ResidenO (8-24-00)
9-12-00.WPD, page 2 26
b. FOOD SERVICE ADVISORY COMMITTEE - Three (3) vacancies representing the
category of Food Induslry.
COMPOSITION
Seven members. The membership shall consist of four local food managers from the
food service or food processing industries and three persons from the community at large.
Members of the committee shall be appointed by the City Council for staggered terms so
that at least one industry representative, and one community member are reappointed
each year. No voting member may serve more than two terms of three years each with
the exception of those initially appointed for less than a full three-year term.
MEMBERS TERM
ORIGINAL
APPTD. DATE
D.W. Haven (Food Industry), Chairman
* Carlos Moreno (Food Industry)
** JeffDolson (Food Industry)
William Schroeder (Community at Large)
Tommy Watson (Commtmity at Large)
*** Ray Gomez (Food Industry)
Gabriel Hernandez (Community at Large)
6-24-02 6-11-96
6-24-00 7-08-97
6-24-00 8-16-94
6-24-02 6-08-99
6-24-03 3-07-00
6-24-01 6-16-98
6-24-01 3-10-98
* Seeking reappointment
** Has met the six-year service limitation and is ineligible for reappointment
* * * Has exceeded the number of absences allowed by ordinance
ATTENDANCE RATE OF MEMBERS INTERESTED IN lIEAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Carlos Moreno (Food Industry)
4 4 10 0%
OTHERINDIVIDUALS EXPRESSING INTEREST
Robert Ard
Chair of Hospitality Management Department, Del Mar College. Master's
Degree in Food Sciences. (Food Industry) (8-29-00)
Suzanne G. Gilliam
Head Start Nutrition Coordinator, Nueces County Commtmity Action
Agency. B.S. in Restaurant and Food Service Management, Texas A&M -
Kingsville. Certified Food Protection Professional and Certified Dietary
Manager. Recipient of 1993 Boys and Girls Club "Partnership for Kids"
Award and USDA Southwest Regional Best Practices Award. (Food
Industry) (8-10-00)
Dovie Jordan
Retired Cook - 21 years Bethune Day Care Center and Peter Pan Day
Care. Volunteer meal server, Oveal Williams Senior Center. Volunteer
cook, St. John's First Baptist Church. (Community At Large) (1-28-00)
9~I2-00.W'PD, page 3 27
Lisa B. Pollalds
Co-owner, Vick's Famous Hamburgers. B.S. in Hotel, Restaurant &
Institutional Management, The Pennsylvania State University. Served as
the Nutrition Coordinator for Senior Community Services with the City of
Corpus Christi for ten years. (FoodIndustry) (8-30-00)
Raul Torres
Self-employed, C.P.A.M.B.A., Texas A&M- Corpus Christi. Member of
Texas Society of C.P.A.s. Volunteers with Head Start. Worked in
Restaurant Management for Wendy's Restaurants 1977-1989.
(Community At Large) (2-17-00)
9~I2-00.WPD, page 4
28
c. LANDMARK COMMISSION - One vacancy representing the category of Historian.
COMPOSITION
15 members nominated by individual City Council Members and appointed by a majority
vote of the Council. Insofar as possible, the numerical composition shall correspond to
the ethnic, gender, and economic distribution of the City according to the last Federal
Census report. All members shall have knowledge and experience in either the
architectural, archaeological, cultural, social, economic, ethnic or political history of
Corpus Christi. Representation of the following competencies shall be appointed as
members to the commission: Two (2) historians, two (2) licensed real estate
salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2)
history teachers, one (1) person knowledgeable in title search and/or property surveyor
and five (5) other members. No one profession will constitute a majority of the
membership.
ORIGINAL
MEMBERS TERM APPTD. DATE
Sharon Brower (Regular Member)
Michael Cleary (Regular Member)
Mark Luddeke (Architect)
Elizabeth Rentz (Real Estate)
Betsy Chapman (History Teacher)
Alan Belcher (History Professor)
Deborah Douglas (Historian)
Lisa Ann Garza (Title Search)
Jerry Wagoner (Regular Member)
Kevin Maralst (Regular Member)
Tom Stewart (Engineer)
Grandis Lenken (Real Estate)
Elmon Phillips (Regular Member)
Alan Lessoff (Historian)
Terry K. Off (Architect)
I 1-20-00 9-8-98
11-20-01 7-13-99
11-20-01 7-13-99
11-20-00 9-8-98
11-20-02 7-08-97
11-20-02 8 - 12-97
11-20-00 4-25-95
11-20-00 10-13 -98
11-20-01 7-13-99
11-20-01 9-8-98
11-20-02 10-13-98
11-20-02 7-08-97
t 1-20-01 8-24-99
11-20-02 4-11-00
11-20-00 7-13-99
* Resigned
INDMDUAL EXPRESSING INTEREST
Thomas Kreneck
Head of Special Collections & Archiver, Texas A&M
University - Corpus Christi. The Special Collections
Department preserves materials that document the
development of Corpus Christi and its South Texas
environs. Ph.D. in History, Bowling Green State
University. Board Member of Nueces County Historical
Society. (Historian) (9-07-00)
29
9-12-00.WPD, page 5
SENIOR COMPANION PROGRAM ADVISORY COMMITTEE - Two (2)
vacancies, one with term to 12-31-00 and one with term to 12-31-01. (NOTE: Since one
of the terms expires on 12-31-00, it is recommended that Council automatically
reappoint the new appointee to a two-year term to 12-31-02.)
COMPOSITION
11 members appointed by the City Council for two-year terms to provide advice and
support the SCP project coordinator in the formulation of local policy and the planning
and development of operational procedures and practices consistent with program
policies. The composition of the Advisory Committee shall include at least three Senior
Companion volunteers; when available community business and labor leaders;
representatives from volunteer stations; representatives from private and public agencies;
individuals specializing in the aging field, and individuals specializing in the field of
volunteerism. The Superintendent of Senior Community Services and the Senior
Companion Program Coordinator shall serve as non-voting members.
MEMBERS TERM
Hope Franklin (Private Agency)
Iris Williams (Private Agency)
Valerie Houston (Public Agency)
Pete Oliver (Sr. Comp. Volunteer)
Apolonia Cantu (St. Comp. Volunteer)
Marie Partington (Sr. Comp. Volunteer)
Patricia Shufelt (Public Agency), Chair
Julia Whitehurst (Private Agency)
Deidra Graves (Public Agency)
Sandy Cantu (Private Agency)
George Perez (Sr. Comp. Volunteer)
Elsa Munoz, SCS Superintendent
Larry Imhoff, SCP Coordinator
ORIGINAL
APPTD. DATE
* Resigned
12-31-01 1-12-99
12-31-01 1-11-00
12-31-01 7-27-99
12-31-01 12-12-95
12-31-01 1-11-00
12-31-00 10-12-93
12-31-00 8-11-98
12-31-00 1-12-99
12-31-01 3 -07-00
12-31-00 1-12-99
12-31-00 3-07-00
Ex-of~cio
Ex-officio
INDIVIDUALS EXPRESSING INTEREST
Macy Lyons
Retired housekeeper. Senior Companion volunteer for five
years. Active volunteer with Calvary First Baptist Church.
(Senior Companion volunteer) (1-06-00)
Roland Medrano
Social Work Supervisor, Nueces County Department of Health
Services. B. S., Texas A&I University. Licensed by Texas State
Board of Social Work Examiners. Member of American Red
Cross Committee and Homeless Issues Partnership (HIP).
Received an Outstanding Service certificate from Nueces County
in 1994. (Public Agency)(9-05-O0)
9-12-00.WPD, page 6 30
Russell Brent Stowers
Director of Physical Therapy Assistant Program, Del Mar College.
M.S. in Educational Technology, B.S. in Community Health,
A.A.S. in Physical Therapy. Member of Texas Physical Therapy
Association Board of Directors. Leadership Corpus Christi
Alumni, Class 28. Recipient of Navy Achievement Award.
(Public Agency) (5-25-00)
Mary Helen Salazar
Owner, SS Structure, Inc.; Co-Owner, S & S Painting &
Drywall Company. Associate's degree in Marketing, Del
Mar College. 1999 President of LULAC Council No. 1.
Past member of Minority Contractors Council and Hispanic
Chamber of Commerce. Current member of Westside
Business Association. (Private Agency) (2-01-00)
Raul Torres
Self-employed, C.P.A.M.B.A., Texas A&M- Corpus Christi.
Member of Texas Society of C.P.A.s. Volunteers with Head Start.
(Private Agency) (2-17°00)
9-12-00.WPD, page 7
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with All Safety & Supply,
Inc., Corpus Christi, Texas for approximately 985 pairs of trip & knee hoots in accordance with
Bid Invitation No. BI-0143-00 based on total low bid for an estimated annual expenditure of
$17,093.50. The train of the supply agreement will be for twelve months with an option to
extend for up to two additional twelve-month periods subject to the approval of the supplier and
the City Manager or his designee. The boots will be purchased into Warehouse Inventory and
issued to various departments. Funds have been budgeted in FY 00-01.
BACKGROUND:
The hoots will be purchased for Warehouse Inventory and issued
to Water, Wastewater, Storm Water, Street, Park Maintenance and
other departments for wear by City employees working in wet or
muddy areas. The knee hoot is an inexpensive hoot that is used
when chemical resistance is not a factor.
Previous Contract:
The option to extend the current contract has been exercised,
requiting new bids to be received.
Bid Invitations issued: Twenty -One
Bids Received: Three
Price Analysis:
Pricing has decreased approximately 5 % sinco the last contract of
April 1998.
Award Basis:
Total Low Bid: Channel Safety & Supply and Skaggs Public
Safety submitted the low bid for item 2 at $7.99. All Safety &
Supply submitted the second low bid at $8.30. The $153.45
difference does not justify awarding and administering two
separate contracts.
Funding: OrganiTation Name
Warehouse Inventory
Michael~arrera, C. P. M.
Pmcurement & General Services Manager
40000-5010-119400
Amount
$17,093.50
33
Conmtodity: Hip and Knee Boots
Bid Invitation No. BI -0143-00
Buyer:Esther C. Barrera
CITY OF CORPUS CHRISTI
PURCHASING DEPARTMENT
Item Description Qty
All Safety & Supply
Corpus Christi, TX
Unit Price Ext Price
Channel Safety & Supply
Corpus Christi, TX
Unit Price Ext Price
Skaggs Public Safety
San Antonio, TX
Unit Price Ext Price
Group 1.0 - Heavy Duty
Synthetic Rubber Boots
1.1
Size 5
10
$26.50 $265.00
$44.03 $440.30
$35.94 $359.40
1.2
Size 6-13
480
26.50 12,720.00
44.03 21,134.40
60.78 29,174.40
Total:
$12,985.00
$21,574.70
$29,533.80
Group 2- 16" Knee Boots
2.
Size 5 -14
495
8.30 4,108.50
7.99 (*) 3,955.05
7.99 (*) 3,955.05
Grand Total:
$17,093.50
$25,529.75
$33,488.85
* Total Low Bid: Channel Safety & Supply and Skaggs Public Safety submitted the low bid for item
2 at $7.99. All Safety & Supply submitted the second low bid at $8.30. The $153.45 difference
does not justify awarding and administering two separate contracts.
u
CITY OF CORPUS CHRISTI
PURCILASINGDIVISION
BID EVALUATION AND RECOMMENDATION
TO: Yolanda Lopez
DEPT. DIV.: War~om
DATE: 6/12/00
BID INVITATION NO.:' BI-0143-00
BID t-l-zM NO.: All
COMMODITY: Hip and Knee Boots
BUYER: January M. Cook
EVALUATION COMMENTS
Recommend award to lowest bidder- All Safety & Supply
EXPENSE ACCOUNT 119400 FUND CODE 5010 ORGANIZATION NUMBER: 40000
AMOUNT BUDGETED S 17,0 9 3.5 0
COMPLETED AND SUBMS'I-rED BY: Yo landa Lopez
NAME
DEPT. HEAD:. ~ -- T CITY MGR:
Stores Supervisor 8-28-00
rlTLE DATE
DATE
35
AGENDA MEMORANDUM
DATE: September 5, 2000
SUBJECT: Memorial Coliseum Pressurization Project - Project No. 4219
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
in the amount of $17,496 with Malek, Inc. of Corpus Christi, Texas for the Memorial
Coliseum Pressurization Project.
ISSUE: The existing ductwork at Memorial Coliseum leaks, does not meet current code
requirements and contributes excess humidity within the facility. The project will reduce
the infiltration of outside air, reduce humidity and better meet the needs of those utilizing
the Coliseum.
FUNDING: Funding for the project is included in FY2000-01 Visitor Facility Fund.
RECOMMENDATION: Approval of the motion as presented.
Hal Peterson
Director- Convention Facilities
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background
Bid Tab
Project Budget
Location Map
H:\HOMBKEVINS\GEN\COLISEUM\PRESSURI\!AGENDA.M
37
ADDITIONAL INFORMATION
BACKGROUND: The project consists of the mechanical work including the installation of
new ductwork and re-connection of outside air ductwork to the existing air handling units.
The Coliseum has experienced considerable moisture and humidity problems since advent
of ice hockey. This has generated complaints from hockey fans and other users of the
facility, including Texas A&M University - Corpus Chdsti. It is estimated the project will be
completed within 90 calendar days after notice to proceed.
PRIOR ADMINISTRATIVE ACTIONS: May 22, 2000 - Award of an engineering contract
in the amount of $5,000 to Turner Engineers, Inc. for the Memodal Coliseum Pressudzation
System.
BIDS: Bids were opened August 30, 2000. Two bids were received in the amount of
$17,496 and $36,672. The engineer's construction estimate was $25,000. The low bid was
submitted by Malek, Inc. Malek is an established local mechanical contractor that has
successfully completed many City jobs. They are deemed capable of completing the
contract.
FUNDING: Funding is available from the Visitors Facility Fund.
RECOMMENDATION: Approval of the motion as presented.
H:\HOME',KEVINS~GEN~COLISEUM~PRESSURI%!AGENDA. EXA
38
~EXHIBITA J
Page 1 of 2
TABULATION OF BIDS Page 1 of 1
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Angel R.Escobar, P.B., Director of Engineering Services
DATE: Wednesday, August 30, 2000 TIME OF COMPLETION: 90 Calendar Days
ENGINEER'S ESTIMATE: $25,000
Memorial Coliseum
Pressurizal: ion Project
Project Ilo. 1119
Malek Inc.
P.O. Box 679
C.C., TX 78403
Weathertrol Inc.
4219 Baldwin Blvd.
C.C., TX 78469-4481
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
DESCRIPTION
0.00
0.00
To furnish all labor and
W
UD
materials, tools, and
necessary equipment; to
perform the work required
at the locations set Out by
the plans and specifica-
tions all in strict
accordance with the
contract documents for the
project.
TOTAL BASS BIp:
$17,496.00
$36,672.00
0.00
n.00
MEMORIAL COLISEUM PRESSURIZATION PROJECT
PRELIMINARY BUDGET
September 5, 2000
Department Fund
Visitors Facility Fund (FY1999-2000)
Visitors Facility Fund (FY2000-01)
Total
Preliminary
Budget
5,000
25,000
$30,000
Actual
Construction
Construction Contingencies (20%)
Engineering Design Liaison
Design Consultant (Amh/Engineer)
Misc. (Printing & Advertising)
Construction Inspection
Total
Variance
17,496
3,500
1,000
5,000
1,400
800
29,196
$804
~EXHIBIT C I '
Page I of I
40
Rle : \Mproject\counc~exhibits\exh4219. dwg
AGNES
COrd~JS
A{RPORT
NUECES BAY
LOCATION MAP
NOT TO SCALE
BORN ST.
//
BROADWAY CT.
N
PROJECT SITE
MEMORIAL COLISEUM
CORPUS CHRISTI BAY
N
CORPUS CHRIST1
MARINA
CITY PROJECT No. 4219
VICINITY MAP
NOT TO SCALE
CORPUS CHRISRBAY
EXHIBIT "D"
MEMORIAL COLISEUM
PRESSURIZATION PROJECT
41
CiTY OF CORPUS CHRIST1, TEXAS
CITY COUNCIL EXHIBIT
DEPARTI~ENT OF ENGINEERING SERVICES
PAGE: I Of 1
DATE: 09--05-2000
AGENDA MEMORANDUM
SUBJECT:
September 12, 2000
Omaha Street Improvements - Leopard Street to IH-37 (Project #6087)
Acquisition of Parcels 20W & 21W
AGENDA ITEM: Motion authorizing the acquisition of Parcels 20W and 21W located on
the west side of Omaha Street between Leopard Street and the IH-37 frontage road from
Guesco, Inc. for $32,893 in connection with the Omaha Street Improvements project.
ISSUE: The Omaha Street Improvements project requires the acquisition of Parcels 20W
and 21W for the widening of Omaha Street from Leopard Street to the IH-37 frontage road.
This section of street is a rural type section with inadequate shoulders, roadside ditches,
no sidewalks and needs to be reconstructed to urban roadway standards. The poor
condition of this aged infrastructure justifies complete rework under the Community
Development Block Grant (CDBG) program.
FUNDING: Funds for this acquisition ara available from a Community Development BIock
Grant, CDBG FY 98-99 in the Federal State Grant Fund No. 1050.
RECOMMENDATION: Approval of the motion as presented.
'Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Location Map
Information Summary
Contract Summary
H:\HOME\EUSEBIOG\GEN~,genda Items\Omaha Ddve~Agenda Mernorandurn.doc
43
BACKGROUNDINFORMATION
SUBJECT: Omaha Street Improvements - Leopard Street to IH-37 (Project 6087)
Acquisition of Parcels 20W & 21W
PRIOR COUNCIL ACTION:
December 16, 1997- Approval of the FY97-98 Capital Budget, Ordinance No.
023174.
June 16, 1998 -Authorizing the City Manager to execute an Engineering Services
contract in the amount of $113,000 with Bass & Welsh Engineering for Omaha
Street - Leopard Street to IH-37 project. (M98-203)
FUTURE COUNCIL ACTION:
Resolution determining the necessity for and ordedng the improvements for Omaha
Street between Leopard Street and IH-37.
Resolution approving the plans and specifications for the improvements to the
street and setting the public headng on the proposed assessments for the Omaha
Street - Leopard Street to IH-37 project.
Hold the public hearing to consider the Preliminary Assessment Roll and to
recommend any changes to the Roll.
Ordinance closing the public hearing on the proposed assessments for
improvements within the Omaha Street - Leopard Street to IH-37 project.
Approval of land purchases which exceed $15,000.
Motion to award construction contract to the successful bidder.
OVERVIEW:
Background: This project consists of the reconstruction of Omaha Street to a 40
foot width, back of curb to back of curb, from Leopard Street to IH-37, an approximate
distance of 2,100 linear feet, along with improvements including curb, gutter, sidewalks,
driveway aprons, storm sewers, and additional land acquisition to provide a total of 60 foot
wide right-of-way. The adjustment and replacement of some of the water and wastewater
lines is also a part of this project. Coordination with the Water Department for rehabilitation
of an existing 24-inch water line and coordination with the Texas Department of
Exhibit A
Page 1 of 2
44
Transportation (TxDOT) for the design of the drainage run-off into IH-37 storm drainage
is included.
Parcel Information: The subject parcels, located at the southwest comer of Omaha
Street and Boise Drive, are owned by Guesco, Inc. These parcels are each five foot in
width and total 189 linear feet in length. They are both a necessary part of the Omaha
Street widening. The taking of the subject right-of-wa~; leaves two buildings within the
building setback line. As a result, damages are incurred which can be corrected by moving
the buildings back. These damages have been accounted for in the appraisal of this parcel
taking.
A map showing the location of the property, an Information Summary of the subject taking,
and an Contract Summary of the real estate contract are included as Exhibits B, C, and D
respectively. Staff has negotiated the purchase of these parcels for the appraised value
of $32,893. The closing of this transaction will be handled by Stewart Title Company.
H:\HOME\EUSEBIOG\GEN~Agenda Items\Omaha Ddve\E~ackground Info.doc
Exhibit A
Page 2 o~'2
45
l
~ ~ I /
· ~!' i i
----, / ,,
/
LEOPARD
OMAHA DR. STREET ZMP. 1998S
PARCELS 20W AND 21W
CITY OF CORPUS CHRISTI. TEXAS
CZTY COUNCZL EXHZBZT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 08-07-00
46 EXHZBZT "B"
- INFORMATION SUMMARY
Owner:
Legal:
Location:
Zoning:
Size:
Platted:
Tax Value:
Appraised Value:
Guesco, IRC.
Lots 12 and 13 less the north 10 feet of Lot 13, Ellendale Gardens
No. 2, Corpus Christi, Nueces County, Texas.
737 Omaha Street, southwest corner of Omaha and Eloise Streets.
I-2, Light Industrial District.
Total property: 71,673 s.f.
Parcels 20W & 21W: 949 s,f,
Yes
Land value only: $25,205 or $ .35 per square foot.
American Appraisers, Inc.
Part taken:
Improvements:
Damages:
Total Appraisal:
Contract Price: $32,893
$560 ors .59 persquarefoot.
$2,453
$29,880 (costto move two bldgs. &re-connect)
$32,893
\\ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\Omaha Drive\Information Summary.doc
Exhibit C
Page 1 of 1
47
CONTRACT SUMMARY
2.
3.
4.
10.
11.
LegaL Description - 949 s.f. out of Lots 12 Fr 13, EUendaLe Gardens No. 2.
Purchase Price - 532,893
Setter to provide title insurance at Buyer's expense.
SeLLer will deliver, at Buyer's expense, a good and sufficient General Warranty
Deed.
ALL taxes to be paid by SeLLer, up to and including 1999. Taxes for 2000 wiLL be
prorated between Buyer and SeLLer.
Buyer agrees to deposit $500 Earnest Money at the TitLe Company, which Setter
may keep as Liquidated damages should Buyer fafi to consummate contract as
specified, or Setter may seek to enforce specific performance of contract.
Buyer accepts title subject to aU outstanding restrictive covenants, use
restrictions and zoning and regutatory ordinances.
Transaction to be dosed on or before 90 days from the date of the contract.
Setter acknowledges that Setter has read the agreement, and it is not binding
until approved by the City Council and signed by the City Manager within 60 days
of the contract date.
The contract wiLL survive the c[osin~ of the sate and delivery of the Genera[
Warranty Deed and other conveyance documents.
Acquisition is under the threat of eminent domain proceedings.
City's contractor may begin construction on the property after Setter has signed
this contract.
H:\HOME',EUSEBIOG\GEN\AGENDA TEMPLATES\CONTRACT SUMMARY.DOC
48
Exhibit D
Page 1 of 1
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 22, 2000
AGENDA ITEM: Ordinance closing and abandoning a 1,750-square foot portion of a 5-foot
wide utility easement out of Lot 2, Block 1, Sandalwood Subdivision; and requiring CWS
Communities LP, the owners of said property, to comply with the specified conditions and
replat the property within 180 days at owner's expense; and declaring an emergency.
ISSUE: On behalf of CWS Communities LP, owners of Lot 2, Block 1, Urban Engineering
is requesting the easement closure to accommodate the future development of the
property.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and
abandon any portion of an easement.
IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at its
expense.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
Attachments:
Exhibit A - Site Location Map
49
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSUREAND BACKGROUND:
CWS Communities LP, owns Lot 2, Block 1, Sandalwood Subdivision, which contains
the portion of the utility easement proposed for closure. Urban Engineering is
requesting the easement closure to accommodate the future development of the
property by CWS Communities, LP, owners of Misty Winds Manufactured Homes.
The utility easement to be closed is located in Zone T-1B within the city limits of
Corpus Chdsti.
Misty Winds, a manufactured community development, has purchased adjoining
property to expand the existing mobile home park. Misty Winds will be dedicating
utility easements throughout the mobile home park of equal or greater square
footage than the easement proposed for closure.
All public and franchised utilities were contacted. There were no objections regarding
the proposed easement closure. There are no existing utilities within the easement
being closed,
Staff recommends that payment of the fair market value be waived because Owner
will be dedicating utility easements to off-set the proposed abandonment. The owner
has been advised of and concurs with the conditions of the easement abandonment.
50
SITE LOCATION
sc~: r~.T.s.
I 2 3 4 5 ( 7~ 9 t0
LOT C >~O .~'
MAY 21, 2000
URBAN ENGINEERING
JOB NO. 33485.99.03
AN ORDINANCE
ABANDONING AND VACATING A 1,750-SQUARE FOOT PORTION OF A
5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 2, BLOCK 1,
SANDALWOOD SUBDIVISION; REQUIRING CWS COMMUNITIES, L.P.,
THE OWNER OF SAID PROPERTY, TO COMPLY WITH THE SPECIFIED
CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT
OWNER'S EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 1,750-square foot portion of a 5-foot wide utility easement out of Lot 2,
Block I, Sandalwood Subdivision, as recorded in Volume 60, Page 69. of the Map Records of
Nueces County, Texas, that the Owners. CWS Communities, L.P. ("Owner"), wish to have
abandoned and vacated; and
WHEREAS. it has been determined that it is feasible and advantageous to the City ofCorpas Christi
to abandon and vacate said portion of the utility. easement for all purposes, subject to the provisions
listed below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the 1.750-square foot portion (as shown in the attached Exhibit "A") of a 5-foot
wide utility easement out of Lot 2. Block 1, Sandalwood Subdivision. as recorded in Volume 60,
Page 69 of the Map Records of Nueces County, Texas, is abandoned and vacated for public use as
a utility easement. subject to Owner's compliance ~vith the following specified conditions as pan of
the abandonment and vacation:
1)
City waives payment of the fair market value by Owner for abandoning and vacating said
portion of the 5-foot utility easement because the Owner agrees to dedicate utility easements
of equal or greater value as pan of the replatting conditions.
(2)
Owner must replat the portion of Sandahvood Subdivision being abandoned and vacated
within 180 days at Owner's expense: provided however, the City Engineer may extend the
time limit for an additional 180 days if extenuating circumstances outside the Owner's
control necessitate an extension.
SECTION 2. That upon xwitten request of the Mayor or five Council members. copy artached, the
CiO, Council (1)finds and declares an emergency due to the need for immediate action necessary
Ibr the efficient and effective administration of City affairs and (2) suspends the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this ordinance is passed
and shall take effect upon first reading as an emergency measure this the 291h day of August. 2000.
H: LEG-DIR VERONIUA I)IK'IJR][S M~[)t, X2S,2000 ORD2LI00 I tR~ DI)CORD00 130
52
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal. Jr., Mayor
Approved August 23, 2000
James R. Bray Jr.
City Attorney
By: Do~vle~
Senior Assistant City Attorney
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 31, 2000
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute an Interim
Use Privilege Agreement with Grande River Communications, Inc. (GRCI), to install, operate, use,
repair, and maintain 13.5 miles of underground fiber optic facility within the following public street
rights-of-way (ROW) of the City of Corpus Chdsti from the Wilson Plaza located at 606 N.
Carencahua street to the intersection of the Sharpsburg Road ROW and the Texas Department of
Transportation (TXDOT) I.H. 37 ROW, specifically the facility will run from Wilson Plaza north on
the Carancahua Street ROW to Antelope Street, then west on the Antelope Street ROW to Waco
Street where the cable will enter the TXDOT I.H. 37 South Access Road ROW, then the cable will
exit the I.H. 37 State ROW at the Nueces Bay Boulevard ROW and turn south to the Leopard Street
ROW, at Leopard Street the cable will be placed in an existing Southwestam Bell Telephone duct
system where it will run west to the Sharpsburg Road ROW, then at Sharpsburg Road the cable
will run north within the ROW, until it again enters the I.H. 37 State ROW, in consideration of
payment of $71,530o90; and declaring an emergency.
ISSUE: GRCI is a long haul fiber optic transport provider wishing to install fiber optic cable from
the Wilson Plaza Building located in Corpus Chdsti to within the city limits of Sinton, Texas. In
order to do so, an Intedm Use Privilege Agreement is required.
RECOMMENDATION: Staff recommends approval of the ordinance as presented. /
Attachments: 1. Site Location Map
2. UPA Summary
55
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Grande River Communications, Inc. has requested a Intedm Use Pdvilege Agreement (iUPA) from
the City for permission to install and maintain 13.5 miles of underground fiber optic cable throughout
several of the following public street rights-of-way:
from the Wilson Plaza located at 606 N. Carancahua Street, northbound to Antelope Street;
then west on Antelope Street to Waco Street where the cable will enter the IH 37 So.
Access Rd. ROW;
Cable will exist IH 37 at Nueces Bay Blvd. south to the Leopard Street ROW;
At Leopard Street the cable will be placed in an existing Southwestern Telephone duct
system and head westbound to Sharpsburg Road;
Then northbound at Sharpsburg Road to IH37 where the cable will be directed outside the
city limits, in consideration of payment of $71,530.00; and declaring an emergency.
The proposed fiber optic is to provide a communications link from the Wilson Plaza Building located
in Corpus Chdsti to within the city limits of Sinton, Texas. Grande River Communications, Inc. has
acquired permission from Southwestern Bell Telephone to use existing SWB conduit that is located
in the Leopard Street right-of-way from Nueces Bay Blvd. to Sharpsburg Road.
Conditions: In addition to the IUPA's standard conditions, the following are also required:
Grande River Communications, Inc. must acquire all necessary permits from Southwestern
Bell Telephone (SWB) for the usage of SWB existing conduit on the Leopard Street dght-of-
way.
A one time fee of $71,530.00 is being recommended for the Intedm Use Privilege
Agreement. This fee was based on the following calculations:
$71,280.00
$ 250.00
$71,530.00
(71,280 L.F. x $1.00/per LF.)
(multiple mad crossing)
Total IUPA fee
All City and pdvate franchised utilities were contacted regarding this IUPA. None had any
objections, provided the applicant meets the specified conditions set out in the IUPA.
56
7.
8,
9.
10.
11.
12.
13.
INTERIM USE PRIVILEGE AGREEMENT SUMMARY
GRANDE RIVER COMMUNICATIONS, INC.
Owner must fully indemnify, save and hold harmless the City of Corpus Christi, its officers,
employees, and agents ("lndemnitees") against any and all liability, damage, loss, claims,
demands and actions.
Owner must acquire and maintain commercial general liability insurance, comprehensive
automobile, public officials, and fidelity liability insurance. Such insurance policies must
show the City as a named additional insured. Upon City Manager's written request, Owner
shall provide copies of all insurance policies to the City Attorney. Such policies may not be
canceled, renewed, or materially changed without 30 days advance written notice to the
City's Director of Engineering Services, or designee ("City Engineer").
Owner's use of the Interim Use Privilege Improvements must not interfere with City's
construction, operation, repair, replacement, or maintenance of any existing or future
proposed sidewalks, utility lines, or other uses.
Owner must not close or barricade a public street, or any portion of the public street, to
install, rapair, or maintain the Interim Use Privilege Improvements until the Owner or his
contractor has filed an appreved traffic control plan with City's Traffic Engineering Office.
Owner must pay to maintain or repair the Interim Use Privilege Improvements at all times,
regardless of the type of damage that may occur, within 30 calendar days of notice of
damage to Owner, at his own expense.
Owner must comply with all applicable Federal, State, and local laws and regulations, as
may be amended.
Owner must not assign this Agreement without the City of Corpus Chdsti as Lessor's prior
written consent.
Owner must submit a complete set of construction drawings to the City Engineer for any
proposed work two weeks prior to onset of construction.
Owner must not begin work without 24 hours prior notice to the Engineering Services
Construction Inspector's.
Any damage to any water, wastewater, or gas lines, as determined by the City's
representative will be repaired at the Owners expense.
Owner must not store or leave any equipment or material in City fight-of-way overnight.
The City hereby authorizes this Intedm Use Privilege Agreement upon request of owner and
does not warrant or represent to Owner, that the City possesses or hereby grants all rights
or interest necessary for Owner to construct, install, and maintain an underground fiber optic
communications cable for Grande River Communications, Inc.
Grande River Communications, Inc. must acquire all necessary permits from Southwestem
Bell Telephone (SWB) for the usage of any existing SWB conduit that's within City public
street rights-of-way.
58
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
AN INTERIM USE PRIVILEGE AGREEMENT WITH GRANDE RIVER
COMMUNICATIONS, INC. (GRCI), TO INSTALL, OPERATE, USE,
REPAIR, AND MAINTAIN 13.5 MILES OF UNDERGROUND FIBEROPTIC
FACILITY WITHIN THE FOLLOWING PUBLIC STREET RIGHTS-OF-WAY
(ROW) OF THE CITY OF CORPUS CHRISTI FROM THE WILSOI~rLAZA
LOCATED AT 606 N. CARANCAHUA STREET TO THE INTERSECTION
OF THE SHARPSBURG ROAD ROWAND THE TEXAS DEPARTMENT OF
TRANSPORTATION (TXDOT) I.H. 37 ROW, SPECIFICALLY THE
FACILITY WILL RUN FROM WILSON PLAZA NORTH ON THE
CARANCAHUA STREET ROW TO ANTELOPE STREET, THEN WEST ON
THE ANTELOPE STREET ROW TO WACO STREET WHERE THE CABLE
WILL ENTER THE TXDOT I.H. 37 SOUTH ACCESS ROAD ROW, THEN
THE CABLE WILL EXIT THE I.H. 37 STATE ROW AT THE NUECES BAY
BOULEVARD ROW AND TURN SOUTH TO THE LEOPARD STREET
ROW, AT LEOPARD STREET THE CABLE WILL BE PLACED IN AN
EXISTING SOUTHWESTERN BELL TELEPHONE DUCT SYSTEM WHERE
IT WILL RUN WEST TO THE SHARPSBURG ROAD ROW, THEN AT
SHARPSBURG ROAD THE CABLE WILL RUN NORTH WITHIN THE
ROW, UNTIL IT AGAIN ENTERS THE I.H. 37 STATE ROW, IN
CONSIDERATION OF PAYMENT OF $71,530,00; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION t. That the City Manager, or his designee, is hereby authorized to execute
an Interim Use Privilege Agreement with Grande River Communications, Inc. CGRCI"),
to install, operate, use, repair, and maintain 13.5 miles of underground fiber optic
facility within the following public street rights-of-way (row) of Corpus Christi from the
Wilson Plaza located at 606 N. Carancahua Street, to the intersection of the
Sharpsburg Road ROW and the Texas Department of Transportation (TXDOT) I.H. 37
ROW, specifically the facility will run from Wilson Plaza north on the Carancahua Street
ROW to Antelope Street, then west on the Antelope Street ROW to Waco Street where
the cable will enter the TXDOT I.H. 37 South Access Road ROW, then the cable will
exit the I.H. 37 State ROW at the Nueces Bay Boulevard ROW and turn south to the
Leopard Street ROW, at Leopard Street the cable will be placed in an existing
Southwestern Bell Telephone duct system, where it will run west to the Sharpsburg
Road ROW, then at Sharpsburg Road the cable will run north within the row, until it
again enters the I.H. 37 State ROW, in consideration of payment of $71,530.00, subject
to GRCI complying with the following specified conditions as part of the Interim Use
Privilege Agreement:
R90941CI.wpd
59
GRCI will be responsible for all maintenance of the authorized
improvements. If any maintenance is required in the future for the
authorized improvements.
GRCI must acquire all necessary permits from Southwestem Bell
Telephone (SVVB) for the usage of SWB existing conduit on the Leopard
Street right-of-way.
GRCI payment of a one time fee of $71,530.00 for the Interim Use
Privilege Agreement.
SECTION 2. That upon written request of the Mayor or fh/e Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor. The City of Corpus Christi
APPROVED: This the ,.~/'c~ y of
/ a ,2000.
James R. Bray, Jr.
City Attorney
By:
Ro0941Cl.wpd
6O
CITY COUNCIL
AGENDA MEMORANDUM
September 12, 2000
AGENDAITEM:
Motion authorizing the interlocal agreement by and between the City of Corpus Chdsti, Texas and the
County of Kleberg, the County of San Patdcio, and the County of Nueces to share operating and
maintenance costs of an integrated alert notification and information system.
ISSUE: The City of Corpus Chdsti accepted ownership and is operating the Integrated Alert Notification
and Information System to dissemination information during a hazardous material incident or other
emergency as per previous council action. Under the1998 interlocal agreement with Nueces County,
the County will share in the operating cost of the equipment. San Patdcio County and Kleberg County
have expressed interest in utilizing the same system to allow notification of their residents. This
agreement will allow co-operations of the system, and allow co-funding of costs of operations of this
system to be paid by four users rather than two users.
PREVIOUS COUNCIL ACTION:
Execute Letter of intent May 30, 1995
City of Corpus Chdsti/Nueces County Local Emergency Planning Committee integrated Alert
Notification and Information Plan Participation Agreement August 12, 1997.
· Intedocal Agreement between the City of Corpus Chdsti and Nueces County to share
operational and maintenance costs of the integrated Alert Notification and Information
System.
· Acceptance of Integrated Alert Notification System and Information Plan, July 25, 2000.
REQUIRED COUNCIL ACTION: Approval of the Interlocal Agreement.
RECOMMENDATION: Approval of motion as proposed.
Funding:,
Chief Ot ~
ADDITIONAL SUPPORT MATERIAL:
Interlocal Agreement
61
AN INTERLOCAL COOPERATION AGREEMENT
BE'i'}NEEN THE CITY OF CORPUS CHRISTI AND
KLEBERG, NUECES, AND SAN PATRICIO COUNTIES
TO SHARE OPERATING AND MAINTENANCE COSTS OF
AN INTEGRATED ALERT NOTIFICATION AND INFORMATION SYSTEM
This interlocal coqperation agreement, under Chapter 791 of the Texas Govemment
Code, is made by and between the City of Corpus Christi, Texas ("City"). a municipal
corporation, and the County of Kleberg, the County of San Patricio, and the County of
Nueces (collectively referred to as the "Counties"), all political subdivision of the State
of Texas.
WHEREAS, Nueces County and the City of Corpus Christi have entered into an
interlocal agreement to operate a joint emergency communications and dispatch center
known as MetroCom ("MetroCom"), and
WHEREAS, the Corpus Christi ("City"), Nueces County ("Nueces"), and the Port of
Corpus Christi Authority ("Port") have an agreement that the City of Corpus Christi will
administer the Local Emergency Planning Committee ("LEPC") for Nueces County; and
WHEREAS, the City, Nueces, Port, LEPC, and local industries agreed to develop an
integrated community alert notification and information system (Alert System), which
can be used to alert the general public in the event of a hazardous chemical release or
other emergency situation, and provide updated information during the incident; and
WHEREAS, the LEPC transferred ownership of the Alert System to the City; and
WHEREAS, Nueces County and the City of Corpus Christi have previously entered into
an interlocal agreement to share operating and maintenance costs of the integrated
alert notification and information system; and
WHEREAS, Kleberg County CKleberg") and San Patricio County ("San Patricio") desire
to use the Alert System to notify residents within their counties in the event of
emergency situations, and
WHEREAS, the City, Kleberg, Nueces. and San Patricio desire to make the Alert
System a regional asset, that can be used to notify residents of potential emergencies
without regard to political boundaries.
Now, therefore the Parties hereto mutually agree as follows:
INTEGRATED ALERT NOTIFICATION AND INFORMATION SYSTEM, The
integrated Alert Notification and Information System ("Alert System")
incorporates various communication tools that allow the operator to notify local
residents of potential emergencies. The Alert System consists of, or will consist
of, several components, including but not limited to the following subsystems: a
Final Version Alert Contract.wpd
62
community call-in information line, a commuhity FM emergency broadcast, EAS
Activation syst.erns, tone alert warning radios, and computerized telephone call-
down system.
PARTICIPANT FUNDING. The City agrees to pay operating and maintenance
costs for the Alert System components. The Counties agree to each reimburse
one forth ('1/4 th) of the system operating and maintenance costs to the City on a
quarterly b~'sis. Additionally, the Counties agree that individually authorized
costs, such as long distance charges, will be the responsibility of the authorizing
party and will be reimbursed to the City upon presentation of billing.
AUTHORIZATION FOR FUNDING.
The City and the Counties each separately certify that payments made
under this Agreement will be made from current revenues, and any future
payments am subject to future appropriations.
All expenditures will be subject to standard City and County purchasing
procedures.
The parties further mutually agree that the budget for Alert System
Operations shall be set by the MetroCom Board, as defined in the
interlocal agreement between the City of Corpus Chdsti and Nueces
County.
STANDARD OPERATING PROCEDURES. The parties agree that the Alert
System shall be operated in accordance with Standard Operating Procedures
(SOP) developed by the MetroCom Systems Operating Committee and approved
by the MetroCom Board and the representative of each party to this agreement
designated in paragraph 5 of this interlocal cooperation agreement.
DESIGNATED REPRESENTATIVES. The following officials, and their
successors in office, are the designated representatives of the parties
authorized to approve the SOP and amendments to the SOP:
a. City of Corpus Christ David R. Garcia, City Manager
b. Kleberg County
Alan M. May, County Judge
c. Nueces County
Richard M. Borchard, County Judge
d. San Patricio County
Josephine Miller, County Judge
RESPONSIBILITIES.
Final Version Alert Contract,wpd 2
63
10.
11.
Except as provided for in this interlocal cooperation agreement, each
party will.be responsible for establishing which residents should be
notified for each type of potential emergency; providing accurate names,
addresses, and telephone numbers of residents in each service area;
notifying the MetroCom Crisis Management Dispatch Center when the
Alert System should be activated for all or part of its territorial jurisdiction;
and providing the information related to its jurisdiction for inclusion in the
SOP.'
The City shall make every effort to ensure reliable operations of the Alert
System. But the City assumes no responsibility for unavoidable system
failures, equipment failures, or late notification by a party to this
agreement.
MODIFICATION/AMENDMENT. This Agreement may be modified or amended
provided that such modification or amendment is in writing and signed by an
authorized representative of the City and each County, and approved by the
governing body of each party.
APPROVAL BY GOVERNING BODIES. Each party represents that this
Agreement has been duly passed and approved by the governing body of the
party as required the Texas Interlocal Cooperation Act, Chapter 791, Texas
Government Code.
TERM AND RENEWAL.
a. This Agreement shall be for an initial term of one year.
This Agreement shall be automatically renewed without further action
unless terminated by any party.
This agreement may be terminated at any time by any party with or
without cause upon (90) days' advance written notice.
Any notice of termination shall be sent to the other parties to this
interlocal cooperation agreement at the address listed in paragraph 11 of
this agreement.
SEVERABILITY. If any portion of this agreement, or its application to any
person or circumstance, is held to be invalid or unconstitutional by any court of
competent jurisdiction, the remainder of this agreement shall not be affected and
shall continue to be enforceable under the terms of this agreement.
NOTICES. Notices under this Agreement shall be addressed to the parties as
indicated below, unless changed by written notice to such effect, and shall be
Final Version Ale~ Contrsct,wpd
64
12.
effected'when delivered or when deposited in the U.S. mail, postage prepaid,
certified, return receipt requested.
PERFORMANCE. This agreement shall be performed in Nueces County, Texas,
and shall be governed by the laws of the State of Texas.
City of Corpus Christi
Attn:' ' City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Telephone: (361)880-3220
Facsimile: (361) 880-3839
Kleberg County
Attn: County Judge
P.O. Box 1327
Kingsville, Texas 78364
Telephone: (361)595-8585
Facsimile: (361) 592-0838
Nueces County
Attn: County Judge
901 Leopard Street
Corpus Christi, Texas 78401
Telephone: (361) 888-0444
Facsimile: (361) 888-0445
San Patricio County
Attn: County Judge
400 W. Sinton
Sinton, Texas 78387
Telephone: (361) 364-6120
Facsimile: (361) 364-6118
13.
ASSIGNMENT. This Agreement is binding upon and inures to the benefit of the
parties to this Agreement and their respective successors and permitted assigns.
This Agreement may not be assigned by any party without the written consent of
all of the other parties.
14.
ENTIRE AGREEMENT. This Agreement represents the entire agreement
between the parties and may not be modified by any oral agreements or
understandings. Any amendments must be made in writing and signed by all
parties, as provided in paragraph 7 of this agreement.
15.
EFFECTIVE DATE. This agreement is effective on the date when the last party
executes this agreement.
Final Version Alert Contract.wpd 4
65
EXECUTED by the City of Corpus Christi, on the __ day of
A'FI'EST: CITY OF CORPUS CHRISTI
,2000.
Armando Chapa
City Secretary
APPROVED AS TO FORM:
James R. Bray, Jr.
City Attomey
By:
R. Jay Reining
First Assistant City Attorney
EXECUTED by the County of Kleberg, on the __
ATTEST:
David R. Garcia
City Manager
day of
COUNTY OF KLEBERG
,2000.
Sam D. Deanda
County Clerk
APPROVED AS TO FORM:
Allen M. May
County Judge
Delma Rios
County Attorney
Final Version Aler~ Contract,wpd
5
66
EXECUTED by the County of Nueces, on theC~/T day o~_~2~000.
ATTEST: COUNTY OF NUECES
County Clerk
APPROVED AS TO FORM:
County Attorney ~f.~)
EXECUTED by the County of San Patricio, on t~"'L~day 20
ATTEST:
COUNTY OF SAN PATRICIO
Dottie Maley
County Clerk
APPROVED AS TO FORM:
D~vid Aken
County Attorney
Final Version Alert Contrsct.wpcl 6
67
ATTACHMENT A
INTEGRATED ALERT NOTIFICATION AND INFORMATION SYSTEM
The Integrated Alert Notification and Information System includes:
Communicator: A, PC-based, on-site system that places outbound and receives inbound
calls simultaneously for both emergency and community call-out needs. It delivers
incident-specific information and verities message receipt via touch-tone response. The
dispatcher is responsible for recording the message on the Communicator.
Direct Link to FM Radio: This system utilizes equipment installed at the MetroCom Crisis
Management Dispatch Center and at FM-89.5 KLUX radio station, and eventually FM 90.3
KEDT, to provide reliable and timely information to the general public, especially travelers
in their vehicles, concerning emergencies or unusual situations in the community which
may create concern. The station can broadcast messages that provide rapid response to
the public's need for information about emergencies.
Emergency Alerting System ( EAS): The EAS uses state-of-the-art technology to access
private and public television and radio stations during national, regional, and local
emergencies. The EAS transmits an emergency tone over radio and TV, followed by
either a prerecorded or live message. The EAS is typically used for transmitting severe
weather broadcasts but may also be used in times of national or local emergency.
Emergency Information Line: The Emergency Information Line provides a pre-
recorded emergency message to callers who dial 826-1NFO. The dispatcher is
responsible for recording the message on the Emergency Information Line.
Telephone Call-Down System: This is a sister system that works in conjunction with
the Communicator and is design to place outbound calls to the community residents
and businesses in predetermined areas. The system will be operated by MetroCom
Crisis Management Dispatch Center. The system will be used to alert the community
of hazardous material incidents, severe weather, flooding, and other community
emergency situations. The dispatcher is responsible for recording the message on the
Telephone Call-Down System.
Warning (Tone Alert) Radio System: This system sends a signal from a primary
transmitter to activate individual radio receivers located inside of designated schools,
hospitals, care facilities, or businesses. Once the signal is received the radio emits an
alerting tone to warn occupants of a potential emergency. This system may be
expanded on a case-by-case basis in the future.
Final Version Alert Contrsct,wpd
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68
AGENDA MEMORANDUM
SUBJECT: Public Health Contract
DATE: August 28, 2000
AGENDA ITEM:
Motion authorizing the City Manager or his designee, to execute Attachment No. 05 to
Contract No. 7460005741-2001 with the Texas Department of Health in the amount of
$592,326 and providing for the Bureau of Clinical and Nutrition Services to fund group
nutrition education, individual counseling, immunization services, and to distribute food
vouchers at no cost to individuals identified as having nutritional deficiencies and/or
nutritional risk during the period of October 1, 2000 through September 30, 2001.
Appropriating a grant, from the Texas Department of Health, in the amount of $592,326
in the No. 1050 Federal/State Grant Fund to fund nutrition education, individual
counseling, immunization services, and to distribute food vouchers at no cost to
individuals identified as having nutritional deficiencies and/or nutritional risk; and
declaring an emergency.
ISSUE: The Bureau of Clinical and Nutrition Services, Texas Department of Health (TDH)
provides funding for supplemental food vouchers, nutrition education, and immunizations at no
cost to low income pregnant and postparmm women, infants, and children. Services are
performed in accordance with the terms and specifications of the TDH and/or the United States
Department of Agriculture (USDA). Based on reimbursement of $8.64 for each participant
and $5.86 for each immunization given, the attached budget reflects the operational needs of
the WIC program (October 1, 2000 through September 30, 2001).
REOUIRED COUNCIL ACTION: Authoroize execution of the attachment to the public
health contract and appropriation of funds.
RECOMMENDATION: Staff recommends that the motion and ordinance be approved to
provide a continuation of nutritional and immunization services to low income women, infants,
and children.
Nina M. SisIcy, M.D., ~-'-~.H.
Director of Public Health
69
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT
WIC PROJECT 38
OPERATING BUDGET FY 2000/2001
DESCRIPTION
AMOUNT
SALARIES $340,362
OVEP, iiME $30,026
RETIREMENT $62,593
OVERTIME RETIREMENT $5,895
CHEMICAL &HOUSEHOLD $1,000
BOOKS &PERIODICAL $400
FOOD &FOOD SUPPLIES $200
MEDICAL SUPPLIES $2,000
MINOR COMP~ EQUIPMENT $350
MINOR OFFICE EQUIPMENT $300
OFFICE SUPPLIES $4,000
MAINTENANCE MATERIAL $600
PROFESSIONAL SERVICES $2,000
RECREATION SUPPLIES/EQUIP. $200
LIGHT,HEAT,P OWER $10,000
POSTAGE/FREIGHT $1,300
RENTAL/UNIFORM $900
TEMPORARY SERVICE $5,000
REI',ITAIdBEEPER $3,000
CAR AI .l DWANCE $1,500
TELEPHONE $8,000
BI_~ .I'~ING MAINTENANCE $6,000
EQUIPMENT MAI~'t't~NANCE $500
MEMBERSH/P DUES $200
TRAINING/TRAVEL $1,700
PRINT/COP IES-C1TY $100
R~IM. CITY-IN-KIND COST (17%) $63,400
TRANS TO INS. FD 138/GRP. INS $35,000
TRANS.TO INS. FD 139/SELF INS. $5,800
TOTAL $592,326
70
ORDINANCE
APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF
HEALTH IN THE AMOUNT OF $592,326 IN THE NO. 1050
FEDERAL/STATE GRANTS FUND TO FUND NUTRITION EDUCATION,
INDIVIDUAL COUNSELING, IMMUNIZATION SERVICES, AND TO
DISTRIBUTE FOOD VOUCHERS AT NO COST TO INDIVIDUALS
IDENTIFIED AS HAVING NUTRITIONAL DEFICIENCIES AND/OR
NUTRITIONAL RISK; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That $592,326 grant is appropriated from the Texas Department of Health to fund
nutrition education, individual counseling, immunization services, and to distribute food vouchers
at not cost to individuals identified as having nutritional deficiencies and/or nutritional risk.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) fmds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the ~
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neat, Jr., Mayor
y
City Attorney
By:
Assistant City Attorney
H:,LEG-DIR\VERONICA\I,ISAxORD3\ORD3 303 7 1
TEXAS DEPARTMENT OF HEALTH
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS TDH Document No.7460005741 2001
COUNTY OF TRAV1S CONTRACT CHANGE NOTICE NO. 02
The Texas Department of Health, bere~n~f~er refeged to as RECEIVING AGENCY, did heretofore enter into a contnet in writing with
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY~ hereinafler referred to as PERFORMING AGENCY.
The parties thereto now desire to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT. NO. 05: BNS - WIG CARD PARTICIPATION
All terms and conditions not hereby mended remain in full force and effect.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY OF}
Authorized Conffacting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY:
RECEIVING AGENCY:
CORPUS CHRISTI-NUECES COUNTY PUBLIC
(Name and Title)
Date:
RECOMMENDED:
CITY MANAP~FR
TEXAS DEPARTMENT OF HE,~LTH
By: ~rson ~uthorized to sign contracts)
Sidney P. Sbelton, Chief
Bureau of Financial Services
(Name and Tide)
Da,: ~ f q I~c
from person authorized to sign contract)
SB GMD - Rev. 3/99
Cover Page 1
72
DETAILS OF ATTACHMENTS
JAW TDH Term Financial Assisumce Direct Total Amount
' Amd Program/ Assistance (TDH Share)
No. ID Begin End Source of Axnotmt
Funds*
01 TB/PC 01/01/00 12/31/00 93.116 87,979.00 0.00 87,979.00
02 TB/PC 09101/00 08/31/01 State 162,823.00 0.00 162,823.00
03 1MM/LOCALS 09/01/00 08/31/01 State 93.268 124,258.00 0.00 124,2~8.00
04 BRLHO 09/01/00 08/31/01 State 93,991 117,975.00 18,696.00 136,671.00
05 BNS/WIC-CARD 10/01/00 09/30/01 93.268 10,557 0.00 0.00 0.00
TDH Doemeat No.7460005741 2001 Totals $493,035.00 $18,696.0~} $511,731.00
Change No. 02
*Federal funds ate indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
73
DOCUMENT NO. 746000574101
ATTACHMENT NO. 05
PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH
DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: BUREAU OF NUTRITION SERVICES
TERM: October 01, 2000 THRU: September 30, 2001
SECTION I. SCOPE OF WORK:
PERFORMING AGENCY shall provide supplemental food instruments, nutrition education, and
immunizations to e,hance good health care at no cost to low-income pregnant and postpartum
women, infants, and children identified to be at nutritional risk. In meeting this goal,
PERFORMING AGENCY shall:
Perform professional, administrative, and clerical services necessary to provide special
supplemental food instnmaents and nutrition education to qualified women, infants, and
children in a specified geographic area. Services shall be performed according to the terms
and specifications of RECEIVING AGENCY'S Special Supplemental Nutrition Program
for Women, Infants, and Children (WIC) and/or the United States Deparmaem of
Agricultttre CLISDA) as referenced below. During the term of this Attachment, USDA will
issue regulations, instructions, policies, and/or directives which may be incorporated into
the State WIC Policy and Procedure Manual.
PERFORMING AGENCY will provide services in the authorized geographic service
area(s) described in PERFOR_M[NG AGENCY'S application and agreed to by
RECEIVING AGENCY. PERFORIVIING AGENCY can change the authorized
geographic service area(s) with approval from RECEIVING AGENCY. If RECEIVING
AGENCY disagrees on change of geographic service area(s), PERFORMING AGENCY
may terminate this contract with at least thirty (30) days written notice.
Assist in the collection and evaluation of data which will identify medical benefits of this
nutrition-intervention program and furnish financial, dietary, medical, nutrition-education,
and any other special reports in a timely manner as required by RECEIVING AGENCY
Program's written policies for the compilation of such data.
Determine eligibility of applicants, register participants, collect data, conduct
measurements, provide nutrition education, and maintain records as required by
RECEIVING AGENCY Program's written policies.
Make available appropriate health services to participants whose incomes do not exceed
those specified in RECEIVING AGENCY' S Program policies, and inform applicants of
available health services. PERFORMING AGENCY shall have a system in place to
provide participants with the available health services or provide the services through
referral(s) supported by written agreements with health care proriders.
ATTACHMENT - Page 1
74
Issue prenumbered food insW~ments furnished by RECEIVING AGENCY to qualified
participants, who will use such instruments to obtain specified food items from
participating vendors; maintain complete accountability and security of all food instruments
received from RECEIVING AGENCY; and be held financially responsible for all
unaccounted for food instruments and/or those issued to ineligible participants.
PERFORMING AGENCY shall be held financially liable for issuance of infant formula
instruments which are not authorized or prescribed in the State WIC Policy and Procedure
Manual.
Review the immunization record of WIC Program applicants/participants-and provide
immunizations as needed, using staff funded under thi~ Attachment in accordance with the
WIC Policy and Procedures Manual provided by RECEM NG AGENCY to
PERFORMING AGENCY or as otherwise approved in writing by RECEIVING AGENCY
Program.
Offer services during extended hours of operation outside the Waditional times of 8:00 a.m.
to 5:00 p.m., Monday through Friday, according to a plan approved by RECEIVING
AGENCY.
Implement or expand PERFORMING AGENCY'S breastfeeding peer counseling program
for training and salaries of peer co-n~elors who assist pregnant and breastfeeding WIC
participants in normal breasffeeding situations, when funding is available, ff participation
in this program is requested by PERFORMING AGENCY and approved in writing by
RECEIVING AGENCY.
Provide lactation consultation services to WIC clients who have breastfeeding problems
that are beyond the expertise of their local WIC staff and/or peer counselors using
International Board Certified Lactation Consultants or the most qualified equivalent.
RECEIVING AGENCY will provide written approval of PERFORMING AGENCY'S
request for lactation consultation services which must include qualifications if
PERFORMING AGENCY proposes to use a non-certified lactation consultant.
Assure adequate staff coverage and uninterrupted deliver7 of WIC services if any member
of PERFOR_MING AGENCY'S staff is approved in writing by the RECEIVING AGENCY
W participate in RECEIVING AGENCY'S dietetic internship program. This internship
will consist of no less than 900 hours of supervised learning experiences in a variety of
nutrition-related facilities and wffi prepare PERFORMING AGENCY'S selected staff
member to better meet the needs of WIG participants.
RECEIVING AGENCY may provide breastpumps for eligible WIC participants either by
purchasing and distributing breastpumps to PERFORMING AGENCY or by authorizing
PERFORMING AGENCY to purchase or lease the breastpumps. If PERFORMING
AGENCY is authorized to purchase the breastpumps, RECEIVING AGENCY will provide
written notification of the specific types of breastpumps and collection kits, the inventory
levels permitted, and cost guidelines. If this requirement is implemented, then the actual
cost of breastp-mps purchased by PERFORMING AGENCY will be reimbursed by
RECEM NG AGENCY utilizing WIC Food Grant funds. When PERFORMING
AGENCY receives or is authorized to purchase breastpumps, Nutrition Services and
ATTACHMENT - Page 2
75
Administration funds may not be used for that purpose. The cost for the purchase of the
breastpumps will not affect administrative surplus calculations. The number and cost of
the breastpumps purchased must be identified separately on the face of the claim for
reimbursement (State of Texas Purchase Voucher, Form B-13).
With prior written approval from RECEIVING AGENCY, obtain the services of a
Registered Dietician (RD) who is registered with the Commission on Dietetic Registration
to provide an array of technical services for PERFORMING AGENCY. These services
may include: assistance with quality assurance, training, assistance with the annual
nutrition education and breastfeeding plan, individual counseling for high-risk-participants,
and facilitated discussion classes.
PERFORMING AGENCY shall comply with all applicable federal and state laws, rules,
regulations, standards, and guidelines in effect on the beginning date of this Attachment unless
amended. The following documents are incorporated by reference and made a part of this connet
Attachment. These include:
2.
3.
4.
Child Nutrition Act of 1966, 42 USC 1786;
Uniform Federal Assistance Regulations, 7 CFR Parts 3015 and 3016;
Applicable federal regulations located in 7 CFR Part 246; and
RECEIVING AGENCY Client Services Standards for Public Health and Conunity
Clinics, revised June 1997.
A copy of the current WIC Policy and Procedure Manual has been or will be furnished to
PERFORM/NG AGENCY. The WIC Policy and Procedure Manual, all revisions made to the
WIG Policy and Procedure Manual through the quarterly Texas WIG Bulletin, and written notices
are incorporated into this Agreement by reference. PERFORMING AGENCY has a duty to
become familiar with the contents and procedures contained within the Vv'IC Policy and Procedure
Manual. PERFORMING AGENCY shall comply with all of the requirements of the WIG Policy
and Procedure Manual as well as state and federal laws and amendments governing or regulating
the Special Supplemental Nutrition Program for Women, Infants, and Children (WIG).
PERFORMING AGENCY is responsible for ensuring that employees or agents acting on behalf
of the PERFORMING AGENCY comply with all of the requirements of the WIC Policy and
Procedure Manual and all state and federal laws and amendments governing and regulating the
Special Supplemental Nutrition Program for Women, Infants, and Children (WIG).
Within 30 days of receipt of an amended standard(s) or guideline(s), PERFORMING AGENCY
shall inform RECEIVING AGENCY program in writing if it will not continue perforlnanee ,,rider
this Attachment in compliance with the amended standard(s) or guideline(s). RECEIVING
AGENCY may terminate the Attachment immediately or within a reasonable period of fume as
determined by RECEIVING AGENCY.
PERFORMANCE MEASURES
The following performance measures will be used to assess, in part, PERFORMING AGENCY'S
effectiveness in providing the services described in this contract Attachment, without waiving the
enforceability of any of the other terms of the contract.
ATTACHMENT - Page 3
76
98 % of families who participate in the WIC program by receiving food instnnnents shall also
receive nutrition education classes or individual counseling services to coincide with food voucher
issuance;
Of all pregnant women who enter the WIC program, at least 32% shall be certified as eligible
during the period of the first trimester of their pregnancy;
88 % of clients who are enrolled in the program, excluding dual participants, transfer locked
and/or migrant clients, shall participate as food instrument recipients each month (breast-feeding
infants are also included in the client count);
54 % of infants whose mothers were participants in the program during pregnancy shall be breast-
fed at or before the time of their certification of eligibility; and
98% of clients who indicate during the enrollmere process that they have no source of health care
shall be referred to at least one source of health care at certification of eligibility.
A monthly activity report which demonstrates PERFORMING AGENCY'S efforts towards
meeting assigned annual targets shall be completed and submitted to RECEIVING AGENCY
within seven (7) working days after the end of each month.
SECTION II. SPECIAL PROVISIONS:
General Provisions, Assurances Article, is hereby amended to include the following:
PERFORMING AGENCY hereby agrees that it shall comply with Title VI of the Civil Rights Act
of 1964, 42 USC §§2000d et seq., Title IX of the Education Amendments of 1972, 20 USC
§§1681 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USC §794, Age Discrimination
Act of 1975, 42 USC §§6101 et seq.; all provisions required by implementing the regulations of
the Department of Agriculture, 7 CFR Part 246; Department of Justice Guidelines for
Enforcement of Tiile VI, Civil Rights Act of 1964; 28 CFR §50.3 and 28 CFR Part 42; and Food
& Nutrition Service (FNS) direolives and guidelines, to the effect that no person will, on the
grounds of race, color, national origin, sex, age, or disability, be excluded from participation
under any progrin or activity for which PERFORMING AGENCY receives federal financial
assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary
to implement this Attachment.
PERFORMING AGENCY shall compile data, inaintailt records and submit reports, as required,
to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and
State of Texas personnel, during normal working hours, to review such records, books, and
accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of
Agriculture, Food and Nutrition Service, has the right to seek judicial enforcement if
PERFORMING AGENCY violates any nondiscrimination laws. This Assurance is binding on
PERFORMING AGENCY, its successors, transferees, and assignees, as long as they receive
assistance or retain possession of any assistance from the Depza tment of Agriculmre. The person
or persons whose signatures appear on the COVER PAGES of this Attachment are authorized to
sign this Assurance on behalf of PERFORMING AGENCY.
ATTACHMENT - Page 4
77
General Provisions, Standards for ~'xinaneial and Programnlatic Management Article, Item A,
regarding internal budgeting and Item C, regarding billing, collection, and fee schedules are not
applicable to this Attachment.
General Provisions, Terms and Conditions of Payment Article, is hereby modified to include
the following paragraphs:
The participant caseload will be assigned by RECEIVING AGENCY Program by giving written
notice to PERFORMING AGENCY and may be subject to change from lane to time upon written
notice to PERFORMING AGENCY from RECEIVING AGENCY Program with PERFORMING
AGENCY'S concurrence. PERFORMING AGENCY assumes liability for all food costs resulting
from PERFORMING AGENCY exceeding assigned caseload. The number of individuals served
in excess of assigned caseload are not to be included in the calculation of earned administrative
funds as described below.
RECEIVING AGENCY will reimburse PERFORMING AGENCY for adminislrative costs which
include participant referral, vendor evaluation, nutrition education, general administrative support,
start-up costs, outreach, applicant screening, and food instrumem issuance.
Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum
reimbursement" set out below, based upon the sum of the participants who actually receive foed
instruments each month plus infants who do not receive any food instnnnents whose breastfeeding
mothers were participants, to the extent that the total so derived does not exceed PERFORMING
AGENCY'S total assigned caseload within any given month. Surplus funds (the amount by which
maximum reimbursements exceed actual costs) can be accumulated and carried forward within the
Attachment term. Surplus encumbered by September 30 must be billed and vouchers received by
RECEIVING AGENCY no later tha~ December 15.
PARTICIPANTS SERVED PER MONTH MAXIMUM RF. IMBURSEMENT:
During the term of the Attachment, PERFORMING AGENCY will earn administrative funds at
the rate of $8.64 for each participant served as defined above.
PERFORMING AGENCY shall provide imnlnnizations under the WIC Special Initiative through
September 30, 2001, unless otherwise notified in writing by RECEIVING AGENCY.
Immunizations administered and funded under the WIC Special Initiative to WIC
participants/applicants and their siblings will earn administrative funds at the rate of $5.86 per
immnniTation as reported to RECEIVING AGENCY via the Texas WIN automated system. The
per-shot rate is based on actual cost. When the study of cost-per-shot shows a different actual
cost, then the rate of compeusation paid per-shot will change. The PERFORMING AGENCY will
be notified of the change and will have thirty (30) days to provide written notice to the
RECEIVING AGENCY if it intends to terminate this contract.
PERFORMING AGENCY agrees that:
ATTACHMENT - Page 5
78
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
PERFORMING AGENCY shall identify and document separately not less than 1955 of
total administrative COsts as expenditures direc~y related to nutflu'on education. Nutrition
education expenditures shall be supported by documentation of participant attendance or
non-attendance.
RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative
expenses at a rate not greater than 5.26 times the amount of properly documented
expenditures for nutrition education, but not more than is earned based on actual
participation not to exceed PERFORMING AGENCY 'S assigned participant caseload, plus
any incentive funds allocated to PERFORMING AGENCY by the RECEIVING
AGENCY.
RECEIVING AGENCY will limit (cap) PERFORMING AGENCY'S in~ect costs to the
lesser of the rate approved by RECEIVING AGENCY'S Fiscal Division or twenty (20)
percent applied to PERFORMING AGENCY'S total direct salaries plus benefits
reimbursed by RECEIVING AGENCY. However, approval shall be obtained from
RECEIVING AGENCY'S Fiscal Division before the recovery of any indirect costs wffi
be permitted with the exception of indirect COsts recoveries using amounts COntained in the
Uniform Grants Management Standards (UGMS) for which approval can be granted by the
WIC Program office.
RECEIVING AGENCY wffi identify annually to PERFORMING AGENCY an amount
of funds that must be spent for breasffeeding promotion. The allocation of breasffeeding
funds to PERFORMING AGENCY will be based on PERFORMING AGENCY'S
proportional share of the statewide combined total of pregnant and breastfeeding
participants as reported to RECEIVING AGENCY.
RECEIVING AGENCY also reserves the fight to withhold a proportionate mount of
earned administrative funds when evidence exists that nutrition education and/or
breasffeeding promotion is not being provided by PERFORMING AGENCY, or
PERFORMING AGENCY is not complying with the provisions of USDA and/or
RECEIVING AGENCY directives.
RECEIVING AGENCY reserves the right to utilize a competitive offering for the award
of any future contracts at the end of the term of this Attachment.
RECEIVING AGENCY may mend or terminate this Attachment if available funds
become reduced, depleted, or unavailable during the term of the Attachment to the extent
that the WIC Program is unable to provide administrative funding at the rote(s) shown
above. RECEIVING AGENCY will provide written notification to PERFORMING
AGENCY of such fact.
RECEIVING AGENCY may pay for additional services as specified in this Attachment
if provided by PERFORMING AGENCY during the term of' this Attachment (but not
otherwise paid during the term of this Attachment) ff it is in the best interest of the State
and RECEIVING AGENCY Program to do so. ffPERFORMING AGENCY exceeds the
amount of earned administrative funds as stated above, PERFORMING AGENCY will
continue to bill RECEM NG AGENCY for the services provided. If additional funds
ATTACHMENT - Page 6
79
become available at a later date for the provision of these services, RECEIVING
AGENCY may pay PERFORMING AGENCY a share of these funds.
(9)
RECEIVING AGENCY may provide incentives m WIC local agencies for clients who are
provided WIG services outside the normal traditional hours to the extent that federal
funding is available.
(lo)
RECEIVING AGENCY may adjust the base reimbursement rate defined above during the
term of this Attachment ff it is in the best interest of the State and RECEIVING AGENCY
and if additional administrative WIC Grant funds are available. -
PERFORMING AGENCY shall indicate separately on the face of th~ claim for reimbursement
(State of Texas Purchase Voucher, TDH Form B-13) the costs associated with nutrition education,
breast-feeding, and other administrative costs.
General Provisions, Advance Payments Article, is not applicable to this Attachment. However,
PERFORMING AGENCY will be allowed the option of receiving a two-month cash advance in
accordance with WIC Program Policy and Procedures.
General Provisions, Program Income, paragraph one, is not applicable to this Attachment.
General Provisions, Overtime Compensation Article, is not applicable to this Attachment.
General Provisions, Equipment and Supplies Article, is replaced with the following:
PERFORMING AGENCY shall accept responsibility and financial liability for all equipment and
supplies purchased with RECEIVING AGENCY funds, whether purchased locally by
PERFORMING AGENCY or by RECEIVING AGENCY and transferred to the care and custody
of PERFORMING AGENCY. PERFORMING AGENCY shall conduct an annual physical
inventory of all equipment purchased by RECEIVING AGENCY and submit it at a time to be
specified by RECEIVING AGENCY. RECEIVING AGENCY reserves the fight to recover the
cost of equipment or supplies purchased by RECEIVING AGENCY and placed in the custody of
PERFORMING AGENCY if such articles are lost, stolen, or otherwile unaccounted for.
General Provisions, Reports Article, second paragraph, second sentence, is replaced with the
following:
A final report, Financial Status Report, Federal Form 269 CfDH Form GC-3), shall be submitted
no later than December 15, 2001.
General Provisions, Reports Article, third paragraph, is hereby modified to include the following:
PERFORMING AGENCY shall submit Immunization Dose Forms on a weekly basis.
PERFORMING AGENCY shall comply with instructions from RECEIVING AGENCY to
transmit immunization activity at intervals specified by RECEIVING AGENCY.
SECTION 11I. BUDGET:
ATTACHIVIENT - Page 7
80
All categories of costs billed to RECEIVING AGENCY, and allocation of such costs, must be in
accordnnce with the "Plan to Allocate Direct Costs" (PADC) submitted by PERFORMING
AGENCY and approved by RECEIVING AGENCY. This document is incorporated herein by
reference and made a part of this Attachment.
ATTACHMENT - Page 8
The undersigned
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS. GRANTS,
LOANS AND COOPERATIVE AGREEMENTS
certifies, to the best of his or her knowledge and belief that:
(i)
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an
employee of any agency, a member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuati6n, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2)
(3)
If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-Ill, "Disclosure Form to Report Lobbying," in accordance with it's
instructions.
The undersigned shah require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans and cooperative agreements) and that all
subrecipients shah certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certi~catiofi shah be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Sign/am/~/
CiTyMANAGER
Print Name of Authorized Individual
7460005741 2001-05
Applicat:on or Contract Number
CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
Organization Name and Address
1702 HORNE ROAD
CORPUS CHRISTI, TX 78469-0000
82
CITY COUNCIL
AGENDA MEMORANDUM
September 5,2000
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an annual joint
funding agreement with the United States Geological Survey CUSGS), U. S. Department of the
Interior, for the continuation of surface water data collection and limited studies by the USGS for
the City's water supply activity; and providing for the City to pay the USGS the amount $134,995,
out of a total project cost of $175,690 during the federal fiscal year October 1, 2000 through
September 30, 2001.
ISSUE: The United States Geological Survey CUSGS) established automated river gauging stations
to gather and maintain accurate records of all inflows and releases in the water reservoir system. In
order to continue with the annual watershed gauging program, an annual joint funding agreement
between the City and the USGS is necessary.
FUNDING: Funds are budgeted in the Wesley Scale Dam (53000-4010-30200) and Choke Canyon
Reservoir (53000-4010-30210) activities of the Water Fund for a total available of $134,995.
RECOMMENDATION: That the City Council authorize the City Manager or his designee to
execute the agreement.
Eduardo Oararia, P.E.
Water Superintendent
83
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
In 1981, the City requested the United States Geological Survey CLISGS) to establish automated river
gauging stations to gather and maintain accurate records of all inflows and releases in the water
reservoir system. This was necessary to comply with Texas Water Rights Permit No. 3358, which
required that specified releases from the reservoir system be made to the bays and estuaries. The
initial joint funding agreement was approved by the City Council in 1984, and it provides funds for
Geological Survey operations on the Nueces, Frio and Atascosa dyers and tributaries, and at Lake
Corpus Christi and Choke Canyon Reservoir. The USGS maintain.~ all equipment, i.e. stream flow
stations, data collection platforms, rain gauges, and analyzes the data gathered to provides gauge
height readings, discharge readings, and reservoir content information. The National Weather
Service also uses the data collected to predict floods.
When fully implemented in 1984, the program included thirteen stations; an additional station was
added in 1990 and two stations were added in 1992. Additional water quality monitoring points
were also added the last several years.
The costs of data collection platforms and stream flow stations are shared by the USGS and the City
of Corpus Christi, with the costs of other services borne emirely by the City (see attachments).
Funds are budgeted each year in the Water Department operating budget for the City's share of the
joint funding. Funds are budgeted in the Wesley Scale Dam (53000-4010-30200) and Choke Canyon
Reservoir (53000-4010 -30210) activities of the Water Fund for a total available of $134,995.
The City participates in this program by funding a potion of the operational costs of the stream flow
and full service data collection platforms and the full cost of rain gauges and surface discharge
gauges below the two dams.
Attachments
84
Form 9-1366 U.S. Department of the Interior TX01029
(May 1996) U.S. Geological Survey TX029
Joint Funding Agreement TIN: 74-6000574
FOR
Water Resources Investigations
THIS AGREEMENT is entered into as of the 1st day of October 20 00 by the U.S. GEOLOGICAL SURVEY, UNITED
STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF CORPUS CHRISTI, party
of the second part.
1. The parties hemm agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be
maintained in cooperation surface-water and water-qualit~ data collection activities, hereinafter called the
program.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this
program.
(a) $40,695 by the party of the first part during the period
October 1, 2000 to September 30, 2001
(b) $134,995 cash by the party of the second part during the period
October 1, 2000 to September 30, 2001
Fixed cost agreement
(c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual
agreement and set forth in an exchange of letters between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each
party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an
authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized
representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the
required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program. all field and analytical work of either party pertaining to this program shall be open to the
inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate
this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those recordS. Upon request, copies of
the original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps,
records or reports normally witl be published by the party of the first part. However, the party of the second part reserves the right
to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the
party of the first part. at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was
prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the
parties.
9. Billing for this agreement will be rendered Quarterly . Payments of bills are due within 60 days
after the billing date. If not paid by the due date, interest will be charged at the current Treasury rote for each 30 day period, or
pOrtion thereof. that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23,
1983.).
CITY OF CORPUS CHRISTI
U.S. GEOLOGICAL SURVEY
UNITED STATES By
DEPARTMENT OF THE INTERIOR
By
By
(SIGNATURE &TITLE) By
District Chief
(USE REXtERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED)
United States Department of the Interior
Geological Survey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Description of work and funding for water-resources investigations under joint-funding
agreement between City of Corpus Christi and the U.S. Geological Survey for the
period October 1,2000 to September 30, 2001.
Project
001
Attachment for TX029
Run Date: 3-May-99
Surface-Water Data Collection and Limited Studies
08194000 Nueces River at Cotulla, TX
Full Range Streamflow Station
Raingages (sta+jon)
08194500 Nueces River near Tilden, TX
Full Range Streamflow Station
Raingages (station)
08197500 Frio River bl Dr,/Frio River nr Uvalde, TX
Raingages (station)
08198500 Sabinal River at Sabinal, TX
Raingages (station)
08200700 Hondo Creek at King Waterhole nr Hondo, TX
Raingages {station)
08205500 Frio River near Derby, TX
Full Range Streamflow Statjon
Raingages (station)
08206600 Frio River at Tilden, TX
Full Range Streamflow Station
08206700 San Miguel Creek near '1'ilden, TX
Raingages (statjon)
08206900 Choke Canyon Reservoir nr Three Rivers, TX
Reservoir Contents (Full Service)
Raingages (station)
USGS
Funds
$4,t60
$1oo
$4,16o
$1oo
$225
$225
$225
$225
$225
$4,160
$225
$1,630
$1 O0
Coop
Funds
$6,040
$470
$6,040
$470
$345
$345
$345
$9,975
$345
$6,040
$345
$3,850
$470
To~l
Funds
$10,200
$570
$10,200
$57o
$570
$570
$570
$10,200
$570
$10,200
$570
$5,480
$570
P~e 1 of 5
08206910
08208000
08210000
08210100
08210500
08211000
08211200
08211500
United States Department of the Interior
Geological S~rvey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Attachment for TX029
Run Date: 3-May-99
Choke Canyon Res. outflow nr Three Rivers, TX
Full Range Streamflow Station
Atascosa River at Whitsett, TX
Raingages (station)
Nueces River near Three Rivers, TX
Full Range Streamflow Station
Nueces River at Georgewest, Tx
Full Range Streamflow Station with ADV
Lake Corpus Christi near Mathis, TX
Reservoir Contents (FulI Service)
Nueces River near Mathis, TX
Raingages (station)
Nueces River above Bluntzer, 'IX
Q below Base and Continous Stages
Nueces River at Calallen, TX
Full Range Streamflow Station with ADV
Raingages (station)
Totals
USGS Coop Total
Funds Funds Funds
$3,145 $7,055 $10,200
$225 $345 $570
$4,160 $6,040 $10,200
$4,160 $7,840 $12,000
$1,630 $3,850 $5,480
$225 $345 $570
$3,145 $4.295 $7,440
$3,145 $8,855 $12,000
$100 $470 $570
$35,695 $74,175 $109,870
I~a7ge2of5
Project
003
United States Department of the Interior
Geological Sarvey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Attachment for TX029
Run Date: 3-May-99
Quality of Water Data Collection and Limited Studies
Frequency
08210000
Nueces River near Three Rivers, TX
Sample collection
District Minor Elem + inorganic - Part I
Inorganic: Major Ions & Trace Metals; ICP/MS
Inorganice: Major Ions and Trace Metals
District Nutrients + ortho-phosphate
Pesticides ~ Total Chlorophenols
Pestjcides - Total Organophos
4
4
4
4
4
4
4
08194500
Nueces River near Tilden, TX
Sample collection
District Minor Elem + inorganic - Part I
Inorganic, s: Major Ions and Trace Metals
Inorganic: Major Ions & Trace Metals; ICP/MS
District Nutrients + ortho-phosphate
Pesticicles - Total Chlorophenols
Pesticicles - Totsl Organophos
08206600
Frio River at Tilden, TX
Sample cellection
District Minor Elem + inorganic - Part I
Inorganic. s: Major Ions and Trace Metals
Inorganic: Major ions & Trace Metals; ICP/MS
Distdct Nut~enta + ortho-phosphate
Pesticides - Total Chlorophenols
Pestiddes - Total Organophos
4
4
4
4
4
4
4
USGS
Funds
$50
$50
$50
$0
$30
$620
$350
$50
$50
$0
$50
$30
$620
$350
$50
$50
$0
$50
$30
$620
$350
Coop
Funds
$2,100
$710
$810
$320
$330
$1,790
$1,000
$2,100
$710
$320
$810
$330
$1,790
$1,000
$2,100
$710
$320
$81o
$330
$1,790
$1,000
Total
Funds
$2,150
$760
$860
$320
$360
$2,410
$1,350
$2,150
$760
$320
$860
$360_
$2,41r
$1,350
$2,150
$760
$320
$860
$360
$2,410
$1,350
~ge 3 of 5
08206900
08210500
United States Department of the Interior
Geological SOrvey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Attachment for TX029
Run Date: 3-May-99
Choke Canyon Reservoir nr Three Rivers, TX
Sample collection 3
Dis~ct Minor Elem + inorganic - Part I 6
Inorganic: Major Ions & Trace Metals; ICP/MS 6
Inorganic.s: Major Ions and Trace Metals 6
Pesticides - Total Chlorophenols 6
Pestjcides - Total Organophos 11
Pesticides - Bottom Sediment 2
Oil and Grease 4
Lake Corpus Christi near Mathis, TX
Sample collection
District Minor Elem + inorganic - Part I
Inorganic: Major Ions & Trace Metals; ICP/MS
Inorganics: Major Ions and Trace Metals
Pestjcides - Total Chlorophenols
Pesticicles - Total Organophce
Pestjcides - Bottom Sediment
Oil and Grease
USGS Coop Total
Funds Funds Funds
To~ls
$0 $9,000 $9,000
$0 $1,140 $1,140
$0 $1,300 $1,300
$0 $490 $490
$150 $3,470 $3,620
$225 $3,500 $3,725
$200 $810 $1,010
$200 $110 $310
3 $0 $9,000 $9,000
6 $0 $1,140 $1,140
6 $0 $1,300 $1,300
6 $0 $490 $490
6 $150 $3,470 $3,620
11 $225 $3,500 $3,725
2 $200 $810 $1,010
4 $200 $110 $310
$5,000 $60,820 $65,820
89
Page 4 of 5
United States Department of the Interior
Geological Sorvey
Water Resources Division
8027 Exchange Dr.
Austin, TX
Attachment for TX029
Run Date: 3~May-99
Summary FY99
Project
001
003
Totals
USGS Coop Total
Funds Funds Funds
$35,695 $74,175 $109,870
$5,000 $60,820 $65,820
$40,695 $134,995 $175,690
Pgagje5of5
TABLE A
STATION COSTS
CONTRACT YR
10/XX-9/XX
CITY PORTION
USGS
PORTION
TOTAL
NUMBER OF
STATIONS
82-83
2,490
2,490
83-84
8,085
8,085
16,170
1 3
84-85
22,715
22,715
45,430
13
85-86
28,440
28,440
56,880
"
86-87
36,260
26,080
62,340
"
87-88
35,490
29,550
65,040
88-89
37,020
30,860
67,880
89-90
37,150
30,440
67,590
14
90-91
39,685
32,755
72,440
91-92
83,335
34,095
117,430
16
92-93
52,635
35,615
88,250
93-94
60,015
37,405
97,420
"
94-95
66,355
37,405
103,760
"
95-96
76,070
37,405
103,760
"
96-97
75,650
36,220
111,870
"
97-98
86,220
36,260
122,480
"
98-99
134,960
36,310
171,270
"
99-00
192,170
36,310
228,480
"
00-01
134,995
40,695
175,690
"
91
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 28, 2000
AGENDA ITEM:
ITEM A. Motion authorizing the City Manager or his designee to accept a renewal Weed &
Seed grant in the amount of $350,000 for the continued support of the Weed & Seed
Program from the U.S. Department of Justice (DO J).
ITEM B. Ordinance appropriating $350,000 from the United States Department of Justice for
the continued support of the Weed and Seed Program in the Federal/State Grant Fund No.
1050.
ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its
current strategy.
PRIOR COUNCIL ACTION: For the past five years, Council has granted authorization to
accept and appropriate the Department of Justice funds for the Weed & Seed Program.
REQUIRED COUNCIL ACTION:
ITEM A: City Council action is required to accept a renewal grant award in the amount of
$350,000 from the U.S. Department of Justice for the continuation of the Weed & Seed
Program. The grant period is from 08/01/2000 to 07/31/2001.
ITEM B: City Council is required to appropriate the amount of $350,000 from the U.S.
Depajiment of Justice for the continuation of the Weed & Seed Program. The grant pedod
is from 08/01/2000 to 07/31/2001.
Recommenda~on:
ITEM A. Staff recommends acceptance of the $350,000 FY 00/01Weed and Seed grant
from the U.S. Department of Justice.
ITEM B. Staff recommends appropriation of the $350,000 FY 00/01Weed and Seed grant
from the U.S. Department of Justice.
Future City Council Action: None
Marco A. Cisneros, Director
PARK & RECREATION DEPARTMENT
93
ORDINANCE
APPROPRIATING $350,000 FROM THE UNITED STATES DEPARTMENT
OF JUSTICE FOR THE CONTINUED SUPPORT OF THE WEED AND
SEED PROGRAM IN THE FEDERAL/STATE GRANTS FUND NO. 1050;
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That $350,000 is appropriated from the United States Department of Justice for the
continued support of the Weed and Seed Program in the Federal/State Grants Fund No. 1050.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED ~'b,~5~9~'~ ~ ~ ,2000
James R. Bray, Jr.
City Attorney
By:
Assistant City Auomey
H:\LEG-DIR\VERONICAII.1SA\ORD2\ORD2.202
94
CITY COUNCIL
AGENDA MEMORANDUM
Date: September 5, 2000
AGENDA ITEM:
A. Motion authorimg the City Manager or his designee to accept a grant in the mount of $47,048
4~rom the State of Texas, Office of the Governor, Criminal Justice Division for third year funding
of the Gang Analysis Unit of the Police Department and to execute all related documents.
B. Ordinance appropriating $47,048 in the No. 1050 Federal/State Grants fund from the State of
Texas, Office of the Governor, Criminal Justice Division for third year funding of the Gang
Analysis Unit of the Police Department.
ISSUE: The State of Texas, Criminal Justice Division, under the Criminal Justice Planning Fund has
approved funding for Year 3 of the Gang Analysis Unit.
Background: The Corpus Christi Police Department has been awarded third year funding for
continuation of the Gang Analysis Unit. The unit will continue the Police Department' s operational
plan to address the youth street gang problem through proactive measures. The personnel are
responsible for maintaining the relational gang database on-line by entering and updating what is
currently some 2,000 records of known and suspected gang members. They will also review, prepare,
and fortyard daily reports of lET officers to the appropriate authorities; compile statistical data, and
support criminal and civil litigation concerning gang activities.
FUNDING: The State will provide $47,048 and the City will contribute $19,702. The State provides
75% of salaries and benefits for two civilian employees, a Gang Analyst and a Data Entry Clerk III.
The City funds provide for the remaining 25% and operational costs such as office supplies. The
grant is on a five-year funding schedule, Year 3 = 75/25, Year 4 = 50/50, and Year 5 25/75.
Required Council Action: Approval to accept the grant and appropriate the funds.
Recommendation:
Staff recommends accepting the grant and appropriating the funds.
Chief of Police
Attachments:
1. Award letter
2. Grantee Acceptance Notice
\XPCNETlXAD06XPATDOCS\GRANTS\gauappffil.doc
95
GEORGE W. BUSH
GOVERNOR
STATE OF TEXAS
OFFICE OF THE GOVERNOR
August 24, 2000
Mr. Geoge R. Noe
Corpus Christi, City of
Post Office Box 9277
Corpus Christi, Texas 78469
Dear Mr. Noe:
I am pleased to announce a grant award for $47,048 to your organization for the following project:
Gang Analysis Unit. I am dedicated to ensuring that communities throughout the state receive resources
to make Texas a safer place. Funding for your project contributes to this effort. Your talent, dedication,
and hard work will ensure its success.
The attached Statement of Grant Award contains more specific information about your award. Call my
Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and
best wishes for a successful project.
Sincerely,
14662~2
POST OEHCE BOX 12428 At:STlX. TD~5 78711 ~{~2)463'2000 (VOICE)/(512)475'3165 (TDD)
Grant Number:
Grantee Name:
Project Title:
Grant Pedod:
Program Fund:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
SF-01 -A10-14662-02
Corpus Chdstj, City of
Gang Analysis Unit
09/01/2000 - 08/31/2001
SF-State Cdminal Justice Planning (421) Fund
CJD Award:
Grantee Cash Match:
Grantee In-Kind Match:
Total Project Cost:
$47,048
$19,702
$0
$66,750
The Govemor's Cdminal Justice Division (CJD) has awarded the above-referenced grant. The approved
budget is reflected in the attached Budget Summary. This grant is subject to and conditioned upon
acceptance of the Govemor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas
Administrative Code. Applicable special conditions are cited below. By signing and submitting the Grantee
Acceptance Notice to CJD, the grant officials accept the responsibility for the grant project and certify their
agreement to the conditions of grant funding.
Required Attachments
Designation of Grant Officials
2001 ~Criminal Justice
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
97
ORDINANCE
APPROPRIATING $47,048 IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR,
CRIMINAL JUSTICE DIVISION FOR THIRD YEAR FUNDING OF THE
GANG ANALYSIS UNIT OF THE POLICE DEPARTMENT;
TRANSFERRING $19,702 FROM THE NO. 1020 GENERAL FUND AND
APPROPRIATING IT IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
AS MATCHING FUNDS AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $47,048 is hereby appropriated in the No. 1050 Federal/State Grants Fund from
the State of Texas, Office of the Govemor, Criminal Justice Division, for third year funding of the
Gang Analysis Unit of the Police Department.
SECTION 2. That $19,702 is hereby transferred from the No. 1020 General Fund and appropriated
in the No. 1050 Federal/State Grants Fund as matching funds.
SECTION 3.. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for mediate action
necessary for'the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neat, Jr., MAYOR
City. Attorney
By:
Lisa Aguilar
Assistant City Attomey
H:\LEG-DIR\VERONICA\LISA\ORD2'ORD2.201
,2000
98
CITY COUNCIL
AGENDA MEMORANDUM
Date: September 7. 2000
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a gram in the mount of $53,194
from the State of Texas, Office of the Governor, Criminal Jdstice Division for funding available
to hire a computer forensics specialist and to execute all related documents.
B. Ordinance appropriating $53,194 in the No. 1050 Federal/State Grants fund from the State of
Texas, Office of the Govemor, Criminal Justice Division for funding available to hire a computer
forensics specialist; transferring $5,075 from the No. 6010 Law Enforcement Trust Fund and
appropriating it in the No. 1050 State and Federal Grant Fund as grant matching funds.
ISSUE:. The State of Texas, Criminal Justice Division, under the Criminal Justice Planning Fund has
approved fundin~to hire a computer forensics specialist.
BACKGROUND INFORMATION: The grant will enhance the capabilities of the CCPD in the
areas of prevention, investigation, and prosecution of computer-facilitated crime, especially in cases
involving computer based sexual exploitation of children. The computer forensics specialist will
primarily extract evidence pertaining to computer crimes. Additionally, the specialist will provide
technical support and training to investigators and field officers on computer crime indicators, initial
search and seizure requirements and procedures, and will provide expert testimony on computer
crimes. The computer forensics specialist, being an expert in computers, the Internet, and various
types of cyber crime, will give presentations on cyber crime prevention to various organizations and
design and implement prevention strategies for children and their families on the safe use of the
Internet and other forms of 0nline communication.
FUNDING: The funding is available 9/1/00 - 8/31/01. The State will provide $53,194 for the hiring
of one Computer Forensics Specialist and fringe benefits. The City will provide $5,671:$596 from
the Police operating budget for supplies and $5,075 from the law enforcement trust fund for
computer equipment, furniture, and any training necessary (budgeted $30,000 for computers and
minor office equipment, $20,000 for training travel). The funding is not on a declining percentage
or ending funding cycle with the State approving funding for the first three years.
REQUIRED COUNCIL ACTION: Accept the grant and appropriate the funds.
RECOMMENDATION: Staffrecommends accepting the grant and appropriating the funds.
Attachments:
1. Award letter
99
STATE OF TEXAS
OFFICE OF THE GOVERNOR
August 15, 2000
Mr. George Noe
Corpus Christ2, City of
Post Office Box 9277
Corpus Christi, Texas 78469
Dear Mr. Noe:
I am pleased to announce a grant award for $53,194 to your organization for the following project:
Computer Forensics Specialist. I am dedicated to ensuring that communities throughout the state
receive resources to make Texas a safer place. Funding for your project contributes to this effort. Your
talent, dedication, and hard work will ensure its success.
The attached Statement of Grant Award contains more specific information about your award. Call my
Criminal Justice Division at (512) 463~1919 if you have any questions. Thank you for your work and
best wishes for a successful project.
Sincerely,
15416-01
POST OBCE Box 12428 Acs'r~, T~tas 787111{)S12),,63-2000 (Volct)/(512)475-3165 (TDD)
ORDINANCE
APPROPRIATING $53,194 IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR,
CRIMINAL JUSTICE DIVISION FOR FUNDING AVAILABLE TO HIRE A
COMPUTER FORENSICS SPECIALIST; TRANSFERRING $5,075 FROM
THE NO. 6010 LAW ENFORCEMENT TRUST FUND AND
APPROPRIATING IT IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
AS MATCHING FUNDS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $53,194 is hereby appropriated in the No. 1050 Federal/State Grants Fund from
the State of Texas, Office o'~he Governor, Criminal Justice Division, for funding available to hire
a computer forensics specialist.
SECTION 2. That $5,075 is hereby transferred from the No. 6010 La~v Enforcement Trust Fund
and appropriated in the No. 1050 Federal/State Grants Fund as matching funds.
SECTION 3. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armundo Chapa, City Secretary
Samuel L. Neal, Jr., MAYOR
APPROVED .&F4-e,.~h~t- "~ , 2000
James R. Bray, Jr.
City Attorney
By:
L:a~guii~tq
Assistant City Attomey
El; LEG~DIR VERONICA\LISA~ORD2'ORD2.202
lol
AGENDA MEMORANDUM
DATE: August 17, 2000
SUBJECT: Bayfest 2000 Festival Street Closings
AGENDA ITEM: Motion approving the application from Baylest, Inc. to temporarily close the
following street sections for the Bayfest 2000 Festival, September29 - October 1,2000.
3.
4.
5.
Northbound Shoreline Boulevard (inside lane only), between westbound Interstate 37 and
Hughes Street, from 9:00 am, Wednesday, September 20 through 8:00 am, Fdday,
September 29 add from 6:00 am, Monday, October 2 through 5:00 pm, Wednesday,
October 4, 2000.
Southbound Shoreline Boulevard (full closure), between westbound Interstate 37 and
Hughes Street, from 9:00 am, Wednesday, September 20 through 5:00 pm, Wednesday,
October 4, 2000.
Northbound Shoreline Boulevard, (full closure), between westbound Interstate 37 and
Hughes Street, from 8:00 am, Friday, September 29 through 6:00 am Monday, October
2, 2000.
North Water Street, (full closure), between Fitzgerald Street and Hughes Street from 8:00
am Friday, September 29 through 6:00 am, Monday, October 2, 2000.
Power Street, Resaca Street, Palo Alto Street, Fitzgerald Street, and Hughes Street (full
closures), each between Water Street and N. Shoreline Boulevard, from 8:00 am, Friday,
September 29 through 6:00 am, Monday, October 2, 2000.
ISSUE: The Baylest 2000 festival necessitates the temporary closure of several public streets
between Interstate 37 and the Convention Center. The event Co-Chairpersons for this year's
event, Mrs. Sharon Emerson and Mrs. Sherry Rumley, have requested the same street closures
previously approved by the City Council for prior year Bayfest festivals.
REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council
approval.
RECOMMENDATION: Approval of the motion as presented.
r'
DA~~scn~ibn~rPi;~' Services
Additional Support Material
1. Background Information
2. Site Map
3. Street Closing Application
4. Bayfest Lease Agreement
Bayfest 2000 Festival Street Closings
Page 1 of 2
103
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Prior Council Action: Since 1975, the City Council has annually approved street closure
applications by Bayfest. inc. to conduct its festivities upon public streets in the bayfront area. Most
recently (February 16, 2000), the Council approved a new five year lease agreement with Bayfest,
Inc. imposing terms and covenants not included in the provisions for public event street closing
permits (Sections 49-15 through 49-18).
Background Information: Mrs. Sharon Emerson and Mrs. Sherry Rumley, Co-Chairpersons of
Bayfest, Inc., have requested temporary street closures forthe 25th annual Bayfest event. Bayfest
2000 festivities will occur on September 29, 30 and October 1, 2000. Bayfest, Inc. has agreed to
comply with the applicable city code requirements for this type event and has received approval
from 100% of all property owners abutting the street sections requested for temporary closure.
Lease Agreement and Reimbursements to Ci~: The Bayfest 2000 Festival is covered under a
five year lease agreement between the City and Bayfest, Inc. Under the terms of this agreement,
Bayfest, Inc. is permitted use of sidewalks, medians and the seawall along Shoreline Boulevard,
as well as the Bayfront Arts and Science Park and the Barge Dock. The current agreement
provides that Bayfest pay a one-time $250 permit fee and 100% of the cost of City services for
event support, except that in year 2000 only, Bayfest will pay 75% of all police department overtime
costs, The City of Corpus Christi was reimbursed $33,940 for actual support provided dudng
Bayfest, 1999.
Street Closings and Detours: Street closings for the Bayfest event are necessary to allow the set-
up of booths, stages, and other facilities located within the median area and street sections. The
total number of days of street closure for the Bayfest 2000 Festival complies with the allotted 4
days of exclusive use and 21 days of non-exclusive use of the specified premises under the current
agreement. Special detour signage will be provided to guide motorists to businesses fronting the
closing section of Shoreline Boulevard and to the tourist-related facilities in the Bayfront Arts &
Science Park. Traffic signal operations at the intersections of IH 37 with Mesquite, Chaparral,
Water and Shoreline Boulevard will be adjusted to accommodate the normal traffic patterns
associated with Bayfest events.
Effect on Bayfront Arts & Science Park Functions: Staff has discussed the proposed street
closings with management of the Convention Center. There are no large events scheduled at the
Convention Center during the same time pedod of the Bayfest festival street closing. The usual
special signage will be provided to direct motorists to other Bayfront Arts & Science Park attractions
via Chaparral Street.
Traffic Routing Changes: There are no street closing changes compared to last year's event.
Effect on U.S. Federal Courthouse: The new U. S. Federal Courthouse is still under construction
and will not be occupied until the December, 2000 o January 2001 time frame. Staff has discussed
this year's Bayfest event with the U.S. Marshall's Office. Bayfest will install a barrier fence to
prevent Bayfest attendees from trespassing onto the Courthouse construction grounds.
Baylest '2000 Festival St~t Closings
Page 2 of 2
104
PROPOSED STREETCLOSINGS
J
CITY COUNCIL
SUBJECT:
EXHIBIT "A"
BAYFEST 2000 FESTIVAL
TEMPORARY STREET CL~INGS
LOCATION MAP
Traffic Engineering Div.
Engineering Services Dept.
TRAFFIC ENGINEERING DIVISION
DEPARTMENT OF ENGINEERING SERVICES
2.
3-
4.
5.
CITY OF CORPUS CHRISTI, TEXAS
APPLICATION FOR PERMIT TO CLOSE
STREET FOR PUBLIC EVENTS
Name of Organization Sponsoring Event:
Name of Proposed Event:
Date of Planned Event:
Key Contact Individual:
Street(s) Requested for Closure, Dates and Times of Day - DESCRIBE:
Phone No.
Purpose of Event and Detailed Description of Activities Planned:
7. List foods and beverages to be served:
8. Services Requested by the City:
10.
11.
Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations,
etc., that will be included in the event.
Enclose a check or money order for $200 to cover administrative costs of handling application,
payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88).
Attach an official letter of transmittal requesting approval of the event.
106
Permit to Close Street
for Public Events 3
12.
In consideration of obtaining a permit to close a City street for a public event, the applicant or
sponsoring organization agrees to comply with the following applicable conditions:
A. Admittance to said event shall be free;
B. All profits derived from the event shall be for charitable causes;
C. Pay the City four-percent (4%) of the gross receipts derived from event, or reimburse the
City for all costs incurred by the City in support of said event. Accurate financial records
shall be maintained and payment shall be made to the city within sixty (60) days a~er the
event ends.
D.* Provide and maintain insurance policies with the limits and requirements shown on the
attached Exhibit "A".
E.* Completion of Indemnification Agreement;
F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering
Division and Police Department. The City shall be reimbursed for its installation of all traffic
signage and barricading determined by the City to be necessary for safe control of the
event.
G.* Written approval for the temporary street closure must be obtained from (i) one hundred
(100) percent of the manacline tenants or, if the property is vacant, manaaincl DroDen'V
owners of the property abutting that portion of the street to be closed to vehicular traffic:
and (ii) for the Downtown Manaaement District onlv (bounded bv Lower Broadway,
Interstate 37, Shoreline Boulevard (includincl the marina areas, and Kinney Street), ninety
(90%) percent of the manaclinc~ tenants, or, if the probeth/is vacant. manaainq DroDertV
owners of the ProPerty abuttin<~ that portion of the street to be closed to vehicular traffic.
H. Provide adequate number of restroom facilities to accommodate the anticipated public;
I.* Obtain the appropriate alcohol and food permits required by State and Local authorities,
at least two (2) weeks prior to the event;
J. All security other than perimeter traffic control shall be provided by sponsor; security shall
consist of off-duty City Police officers, or other type secudty officially approved by the City.
K. All construction of booths, stages, displays, electrical services and plumbing shall comply
with City Codes. The final layout of booths shall be approved by the Director of Parks and
Recreation;
L. Provide for potable water within the event site;
M. Provide first-aid stations;
N. Provide continuous cleaning of the site dudng the event and retum it to pra-event condition
after event ends;
O. Restore any damaged City property promptly after event ends;
P. Coordinate all phases of event with appropriate City departments to insure a safe and
successful event;
Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way;
R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings;
S. All City Noise Abatement Ordinances shall be complied with;
T. Allow for the free passage of emergency vehicles into event area in case of emergency;
U. Carnival-type rides will not be permitted.
V. Building and Electrical permits for a temporary promotional event, associated construction
and Certificate of Occupancy are required.
107
Permit to Close Street
for Public Events 4
Evidence that these conditions have been meet must be presented to the City ~laffic
Engineer prior to the request being submitted to the City Council for final approval,
Signed:
Event Chairman/Organizer
Sponsoring Organization
Date Submitted:
108
INSURANCE REOU1RI~.MENTS
gXH!~IT A
PERMrlTEE'S LIABH .FrY INSURANCE
The Permittee must not commence work under this agreemere until heshe h~tq obtained all instrance
required herein and such insurance has been approved by the City. Nor may the Pemittee allow any
subcx, uhaaor to commence work until all siwihr insurance required of the subcouhaaor has ~ so
olrtained.
The P~u~i~ee mu~ furnish to the City's Risk Manager 2 copies of Certificates of J with the
City named as an additional insured for all liabilky policies, and a blanket waiver ofsubro~-;:on on
all appfic~le poficies showing the following minimum coverage by an insurance company(s) acceptruble
to the City's Risk Manager.
TYPE OF INStIBANCE MINIMIIM INSURANCE COVERAGE
30-DayNoticeofCaaceJ!afionrequindonadleerti~,,,~ Bodily tnjury and Pt~perty Damage
2.
3.
4_
5.
6.
7.
$1.000,000 COMBINED SINGLE LIMIT for iq~ evems
$500,000 COMB]ICED SINGLE LIMT for .m.~all ~
AUTOMOBILE LIABILITY--OW'NED NON-OWNED
ORRENihl)
$5OO.0OO COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE t/c2(,AS WORKE~'
COMPENSATION ACT AND pARAGRAPH H OF THIS
EXHIBIT
SlO0.O00
In the event of accidems of any kind, the Pennirtee must furnish the Risk Manager with copies of all
reports of such accidents at the same dine that the reports are forwarded to any other interested parties.
109
II. ADDrrIONA[. RFOUTRF. M~TTS
The Perrninee must obtain workers' compensation coverage through a licensed insurance comphq or
through self-insurance obtained in accorannce with Texas law. ff such coverage is ob~ through
a licensed company, the co,,h,~.'t for coverage must be written on a policy and endorsements approved
by the Texas Dep~,mxent of Insurance.
Whether workers' compensation coverage is provided throuF, h a licensed insurnn~ company or
through self-insuran~, the coverage provided must be in an mount sufiiciem to assure that all
workas' compensation obligations incurred by the Permittee will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the ~
coverage, except for the Workers' Comp~_~on cover~ and a bhtnket waiver of subw~on
on al/applicable policies.
flyour insurance company uses the standard ACOED form, the cancellation clause Coottom
d~t=) must be amanded by adding the wording "clnan~ed or" between "be" and "cauceled",
and deleting the words, "endeavor to", and deletins the wording a,-~er
* The name of the project must be listed under "Description of Operations'
* A~ a minimum, a 30-day written notice of change or cancellation is required,
C,
If the Certi~cate of Insurance on its face does not show on its face the existence of the
coverage required by items I .B (1)-(8), an authorized represemative of the insurance company
must include a letter specifically stating whether items 1.B. (1)-(8) are included or exchded.
HI, A completed Disclosure of Interest must be submitted with your proposal.
Baylest Slree~ Closuzg msuran~ rcqmrcmcuts
9-5-00 cp Risk Mgmt
11o
INDEMNITY AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, Section III of said standards, entitled ProCedure and Permit Requirements,
requires a contractor for a permit to dose or block any part of a roadway to file a statement with the
director of Engineering Services Traffic Engineering division indenmifying the City against all
claims or causes of action by reason of or arising from the closing or blocking of the roadway
pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned by the City
of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public
right-of-way in said City, said permit applicant agrees to indemnify and save harmless and defend
the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands,
liabilities, losses or expenses, including court costs and reasonable attomey's fees, for or on account
of any injury to any person, or any death at any time resulting from such injury, or any damages to
any property which arise or may be alleged to have arisen directly or indirectly, as a result of the
granting of this permit.
The Contractor, during the term of operations specified in this Public Right-of-Way Blockage
Permit, will provide and maintain at the Contractor' s expense insurance coverage with the limits and
requirements shown on the attached and incorporated Exhibit "A". The City of Corpus Christi must
be named as Additional Insured as shown on said Exhibit. Evidence of required insurance
coverage will be by a Certificate of Insurance furnished to the Director of Engineering Services
Traffic Engineering Division prior to the proposed blockage under this permit.
Witness my (our) hand(s) this
day of ,2000.
Permit Applicant
Event
111
!~SURANCEIIF, OUIREMENTS
PERMITTEE'S LIABILITYINSURANCE
The P~,iuk~e must not commence work under this agreemere until he/she has obtmed all
required herein ~n~ such insurance has been approved by the City. Nor may the Pemiilxee allow
subcm~actor to commence work until all simjdar insurance required of the subcouh~ctor has been so
obtained.
The Pem-attee must furnish to the City's Risk Manager 2 copies of Certificates of Insur~ce~ with the
City named as an additional insured for all liabilky policies, and a blanket waiver of subro~on on
all applicable policies showing the following rnL,'arm~ coverage by an insurance company(s) acceptable
to the City's Risk Manager.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-DayNotkeofCanee!!ationrequiredonalleertfficat~ Bodlly bajury and Property Damage
Commercial Gcneal Liabih'ty i.m;ltuli,,g:
2.
3.
4..
5.
6.
7.
C~,~-.,~ial Fonu
Ptunises - Op~ous
Pxudu~ts Complcted operauons
BtOM Fonu Ptu, pefty Danms gc
Indepcudcut Contractors
PcTsonal Injury
$1,000.000 COMBINED SHqGLE HI,fiT for iat8~ ~
$500.000 COIvlBINED SINGLE LIMT for .-.,,.nm
AUTOMOBn F LIABILITY-OWNED NON-OWNED
OR RENrhD
$500.000 COMBINED SINGLE LIM1T
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH H OF THIS
EXHIBIT
$100.000
In the event of accidents of any kin& the Permince must furnish the Risk Manager with copies of all
~ports of such accidents at the stone me that the reports are forwarded to any other interested parties.
112
lI. ADDITIONAL RI~OUIR~S
The Perminee must obtain workers' compensation coverage through a licensed insurance
~nwu~ self-insurance obtained in accordance with Texas law. If such coverage is obtained through
a licensed company, the couu'~tct for coverage must be written on a policy and e~donements approved
by the Texas Depa~'hnent of Insurance.
Whether workers' compensation coverage is provided through a licensed insurance company or
through self-insu~n~-e, the coverage provided n~,~t be in an amo-n~ sufficient to assure ,h,ff all
workers' compensation obligations incurred by the Permittee will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the !;nh,]iZy
coveraSe,~cept forthe Workers' Compev~,"on coverage and a blanket waiver of subto!lation
on all applicable policies.
flyour insurance company uses the standard ACORD form, the cancellation clause Coottom
dSht) must be atomdeal by adding the wording "changed or" between '~be" and "candied",
and deleting the words, "endeavor to ", and deleting the wording after "ldt".
* The name of the project mus~ be lisled under "Description of Operations"
* Atarnlnlnmm, a 30-day written notice of change or cancellation is required.
If the Certificate of Insurance on its face does not show on its face the existes~:e of the
coverage required by items I .B ( 1 )-( 8 ), an authorized representalive of the insurance company/
must include a letter specifically stating whether items 1 .B. (1)-(8) are included or exch~et~
IH. A completed Disclosure of Interest must be submitted with your proposal
113
of
C91' us
'_-- Chfisti
September 7, 2000
Ms. Lynn Sixta
Bayfest, Inc.
1517N. Chaparral St.
Corpus Christi, Texas 78401
RE: Modification of Insurance requirements for Bayfest Five Year Lease Agreement
Ms. Lynn Sixta,
I recently reviewed the insurance requirements contained in the Agreement between the City of
Corpus Christi and Bayfest, Inc. entitled: Bayfest Five Year Lease Agreement. It is my determination
that the current insurance requirements contained in the above Agreement are inadequate to protect
the interests of the City of Corpus Christi and its residents. Pursuant to my authority under Section
17-15 of the City of Corpus Christi Code of Ordinances, I am revising your minimum insurance
coverage requirements, which shall take effect prior to your use of any City property for your event.
Section 17-15 of the City Code of Ordinances authorizes the City's Risk Manager to "adjust
coverages of limits of contractors, permitees, franchisees, vendors, license holders and any other
person, business, or entity required by the City to provide insurance so as to adequately protect the
City of Corpus Ch'isti and its residents". Section 17-15 further states that "to the extent that the
insurance requirements stated in this Section conflict with or contradict insurance requirements
established by any other ordinance, contract, or document, such other ordinance, contract, or
document is repealed to the extent of any such conflict and this section shall take precedent and
control".
The revised insurance requirements for the Agreement are now maintained in "exhibit" form and are
attached to this letter. The sole substantive change to the prior insurance requirements is the
Ri-'}ll ~lanagcment
P.() B,x "277 · ('t~rpt s ('hri~l . Texas 78460-~277 * (36 1) 880-3680
_
Page - 2 -
requirement that Bayfest, Inc. procure and maintain Worker's Compensation insurance coverage for
all of its employees. Thank you in advance for your cooperation in this matter, I believe that these
changes are in the best interests of Bayfest, Inc. and the City ofCorpas Christi and its residents. If
you have any questions please feel free to contact me at (361) 880-3680.
Agreed and accepted:
Name:
Title:
Sincer~ ,
Pat Alba
Risk Manager
City of Corpus Christi
115
EXHIBrr
BAYFEST INSURANCE REOUIREMENTS
Bayfest must not commence work under this agreement until it has obtained all insurance reqm,
herein end such insurence has been approved by the City. Nor may Baylest allow any subconmtctor
to commence work until all similar insurence required of the subcontractor has been so obtained.
Baylest must furnish to the City' s Risk Manager 2 copies of Ceniiicates of insurance, with the City
named as en additional insured for all liabiliW policies, end a blanlcet waiver of subwgat~on on all
applicable policies showing the following n'~.inmm coverage by en insurance company(s) acceptable
to the City's Risk Manager.
TYPE OF INSURANCE
30-Day Notice of Cancdlation required on all eertifica~s
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damag~
COMMERCIAL GENERAL LIABILITY including:
,
2.
3.
5.
6.
7.
8.
Commercial Form
Pr~mis~s - Operations
Products/Completed Operanons Hazard
Broad Form Property Dam,fie
hdep~a~! Contra~ors
Pesohal Injury'
LIQUOR LIABILITY
1. V~mdors providing and/or s~lling alcohol
AUTOMOBILE LIABILITY -- 0~ucd. N-owned or ~'ntcd
vehicles
1. Contractors & Subcontractors delivering tents. stages,
bleachers. temporary swucntrcs and other large items
2. Bayf~st work~s and volunt~rs
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
$1,000,000 COMBIN.sD SINGLE LIMIT
$ 1.000,000 COMBINED SINGLE LIMIT
$I,000,000 COMBINED SINGLE LIMIT
AT A MINIMUM, STATUTORY LIMITS of $20,000 /
$40.000 for BODILY INJURY & $15,000 for PROPERTY
DAMAGE
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH H OF TIllS
EXHIBIT
$I0o,oo0
ACCIDENT POLICY FOR VOLUNTEERS
$5.000 IVlEDICAL PAYMENTS p~ PERSON
$10.000 DEATH or DISMEMBERMENT per PERSON
In the event of accidents of any kin& Baylest must furnish the Risk Menager with copies of all reports
of such accidents at the same time that the reports are forwarded to eny other interested parties.
Bayfe~ m r~q.
9-500 cp RL,~k Mgmt
116
H. ADDITIONAl. R~OUTR~MENTS
Bayfest must obtain workers' compensation coverage through a licensed insurance company or throuSh
serf-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed
company, the contrac~ for coverage must be written on a policy and endorsements approved by the
Texas Deparnnent of insurance.
The workers' compensation coverage provided must be in an mount sufficient to assure tlmt
workers' compensation obligations incurred by the Lessee will be promptly met.
CerTificate of insurance:
The City of Corpus Christi must be named as an additional insured on the liability coverage,
except for the Workers' Compensation coverage and a blanket waiver of subroantion on all
applicable policies.
If your insurance company uses the standard ACOED form, the csacdhtion dame (bottom
tigi'~c) must be amended by adding the wording "changed or" between "be" and "canceled",
and deleting the words, "endeavor to ", and deleting the wording after "left".
The p~me ofthe event, indudlng exact date including move-in and move out dates shall
be shown under the Description of Operations/Locations/Vehicles/Special Items
At a minhnum, a 30-day written notice to the Risk Manager and Convention Facilities
Manager if change or cancellation is required.
If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1 .B ( 1 )-(8), an authorized representative of the insurance company
must include a letter specifically stating whether items 1 .B. ( 1 )-(8) are included or excluded.
B,~yfest ins. req.
9-5-00~pRiskM$mt
117
BAYFEST. INC.
FIVE YEAR LEASE AGREEMENT SUMMARY
PARTIES:-
City. of Corpus Christi. TX (City)
Baylest, Inc. (Baylest)
PRElVIISES:
The sidewalks. medians and seawall. along Shoreline Boulevard between interstate
Highway 37 and the Bayfront Art and Science park: the Barge Dock and the vacant city block
bounded by Resaca, Fitzerald. Chaparral and Water Streets.
ItZithin the next 3 vears or more the construction of the federal Courthouse and the [H 37
park prolects will s~Fnt~canttv impact the Premises. The vremtses wdl need to bE revelwed
annually to determine the Protects impart on the Event.
Use of the Watergarden will be reviewed annually.
TERbI:
A Five-year Lease Agreemere authorizing twenty (20) consecutive days of non-exclusive
use annually in 2000, 2001. 2002. 2003 and 2004 and four (4) days (within the 20 days) of
exclusive use of the p,~mises described below all during the month of either Septeraber or
October.
PAYMENT:
Baylest will pay City a one-time, $250 Special Event Pernut fee. Bayfest will pay City
100°,~ of Ci.ty's Direct Costs associated with the event and its reinted activities with the exception
of Police overnme costs. Baylest agrees to pay city 75% of police overtune costs for the year
2000 and 100% of Police overtime costs for every year thereafter. Each year, one month prior to
the Event. a $2000 cash deposit must be paid to the City.. If no costs are incurred or all City
costs are paid. the deposit will be returned to Baylest within 30 days after the event.
AGREEMENT:
Four months prior to event. the Park Director, Street Director, Police Chief and City.
Traffic Engineer will meet with Baylest representatives to agree on City services to be provided
and discuss the costs of the City. services for the Event.
City. will bill Baylest for direct costs within 30 days after the event closes. The
comnnttee will pay Ci.ty:s Direct Costs. if any, as billed within 30 days after City tenders invoice
to Baylest.
Baylest must provide Commercial General Liability insurance for the length of the event
and its related activities protecting against liability to the public. Such insurance must have
policy limits of $ 1 .000.000 Combined Single Limit per occurrence for personal injury., death and
118
property. damage and naming the Ci.ty of Corpus Christi as Additional Insured. All vendors
~etling alcohol at the event must have a S1.000.000 aggx'egate liquor liability. In addition.
insurance for volunteers with limKs ors 10,000 for death or dismemberment and limits For
S5,000 t~r medical expenses must be prov.ided. Bayfeat and its volunteers, contractors and
subcontractors must have automobile insurance that covers all owned and non-owned
:intomobiles with at least the statutory, $20,000 per person. 540,000 personal occurrence. S 15,000
property. damage limits. Bayfeat must furnish the Certificates of ~nsurance in the above
minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period.
Bayfeat must provide barricades and traffic signs as required by the City Traffic Engineer
that include temporary directional signage to the nearby att~tctions/facilities affected by any
street closures and traffic circulauon around event.
If the City develops a "Festival" site during this Lease, Bayfeat agrees to move the Event
to the new "Festival" site for the next Event conducted after the "Festival" site is open for events.
The Lease will be amended to reflect that the new "Festival" site is now the Premises for this
Lease and that all future Events supported by the "Fesuval Site" will be conducted at the
"Festival" site during the Lease. If the "Festival" site is not available for events at least 6 months
prior to the date of that years Event. Bayfeat may elect to wait one year to move the Event to the
"Festival" site.
Event Security Officers must be sworn peace officers paid directly by Bayfest; pwvided,
however. that the Police Chief may determine that a security. guard service may be adequate for
"' ~te event.
If the City's Police Chief determines it is necessary,, he will assign Police Officers to provide
crowd control and traffic control for the Event and any needed offsite traffic control.
"'.pr-dir-shared\sulm,ral\agenda\bayt~tls
119
120
AGENDA MEMORANDUM
AGENDA ITEM:
Motion authodzing the City Manager to execute an agreement with DMG-
Maximus to provide executive searob services to fill the position of Director of
Management and Budget.
Background:
Now that the budget process is complete, it is necessary to undertake the
recruitment of a new Director of Management and Budget. With the current
workload in filling positions, the high priority of this position and the need to
complete the process by the end of the calendar year, it is necessary to use the
services of an executive search firm to assist in this recruitment. Staff has
negotiated a contract with DMG-Maximus to perform these services which
include:
· Organization and Position Analysis
· Proactive Recruitment
· Preliminary Screening of Applicants
· Detailed Evaluation of Finalist Candidates
· Organizing and Coordinating the Interview Process
DMG-Maximus is very familiar with our community and our organization having
conducted the last several searches including the current search for a Solid
Waste Director.
Financial Impact:
The consulting fee for this effort is $14,000 with direct expenses to be
reimbursed in an amount not to exceed $8,500. These fees are the norm for
such an engagement. The funds will be taken from the reserve appropriation.
Recommendation:
it is recommended that the motion authorizing execution of the agreement for
executive search services with DMG-Maximus be approved.
~nager
121
CITY COUNCIL
AGElilDA MEMORANDUM
Date: September 12, 2000
AGENDA ITEM: a) Ordinance authorizing the City Manager,' or designee, to execute Rent A Car
concession lease agreements with Pagan- Lewis, d.b.a. Budget it-A-Car of Corpus Christi, Inc.; Coastal Bend
Rent-A-Car, Inc. d.b.a. Avis Rent-A-Car; Mar Jean Texas, Inc. d.b.a. Hertz Car Rental; National Car Rental of
Corpus Christi, Inc.; and Southwest-Tex Leasing Co., Inc. d.b.a. Advantage Rent-A-Car for operation of a Rent-
A-Car concession at the Corpus Christi International Airport in consideration of payment of the greater of a
guaranteed minimum concession fee or ten percent of the concessiouaire's gross monthly revenues for a term of
up to 12 months; declaring an emergency.
b) Ordinance authorizing the City Manager, or designee, to execute Rent A Car
concession lease agreements with Pagan- Lewis, d.b.a. Budget Rent-A-Car of Corpus Christi, Inc.; Coastal Bend
Rent-A-Car, Inc. d.b.a. Avis Rent-A-Car; Mar Jean Texas, Inc. d.b.a. Hertz Car Rental; National Car Rental of
Corpus Christi, Inc.; and Southwest-Tex Leasing Co., Inc. d.b.a. Advantage Rent-A-Car for operation of a Rent-
A-Car concession at the Corpus Christi International Airport in consideration of payment of the greater of a
guaranteed minimum concession fee or ten percent of the concessionaire's gross monthly revenues for a term of
up to 18 months with a month to month holdover period thereafter terminating the date of final completion of the
new terminal facility.
ISSUE: The Airport issued Request for Proposal for five in-terminal Rental Car Concessions on June 23, 2000.
On August 31, 2000 the City received seven proposals for the five in terminal spaces with proposer minimum
guaranteed revenues ranging from $150,000.00 to $342,000.00 for an eighteen month tem~ or the completion of
the new terminal.
PRIOR COUNCIL ACTION: On January 11, 2000 (Ordinance Number 023904) Council authorized a
month to month lease extension, not to exceed one year with Pagan-Lewis Motors, d.b.a. Budget Rent-A-Car of
Corpus Christi, Inc. Coastal Bend Rent-A-Car, inc. d.b.a. Avis Rent-A-Car, Mar Jean Texas, Inc., d.b.a. Hertz Car
Rental, National Car Rental of Corpus Christ'i, Inc., and J.F.C. Leasing, Ine d.b.a. Dollar Rent-A-Car to expire on
December 31, 2000. On December 15, 1998 (Ordinance No. 023516) Council authorized a twelve month lease
extension; On December 23, 1997 (Ordinance No. 023182) Council authorized a twelve month lease extension.
REQUIRED COUNCIL ACTION: City Council approval is required for the execution of lease agreements.
RECOMMENDATION: Staff recommends approval of the lease agreement as submitted.
Acting Director of Aviation
ADDITIONAL SLIPPORT MATERIAL
Background Information X
Connact summary X
Ordinance/resolution
Maps X
123
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
The current rental car concessionaires have been operating at the airport on one year lease agreements
since 1996. On June 23, 2000 the Aviation Department issued Request for Proposals for the operation
and management of five (5) in terminal rental car concessions. The Aviation Department received seven
(7) bids for the five (5) available locations in the temporary facilities. The proposals were evaluated on
experience and qualifications, projected revenues and guaranteed revenues to the Airport, as well as,
disadvantage business enterprise participation, and overall quality of the proposal submission. The
Proposal evaluation committee selected the following concessionaires to operate and manage the five in-
terminal rental car concessions.
1. Coastal Bend Rent-A-Car, inc., d.b.a. Avis Rent-A-Car
2. Southwest-Tex Leasing Co. Inc., d.b.a. Advantage
3. Pagan Lewis, d.b.a. Budget Rent-A-Car of Corpus Christi, Inc.
4. Mar Jean Texas, Inc., d.b.a. Hertz Car Rental
5. National Car Rental of Corpus Christi, Inc.
Company Current Annual Proposed Annual Expected Revenue Status
Guarantee Guarantee 18 month term
Hertz $ 117,600.00 $ 228,000.00 $ 342,000.00
Avis $144,000.00 $194,400.00 $ 291,600.00
Budget $ 99,000.00 $168,384.00 $ 252,576.00
Advantage N/A $157,200.00 $ 235,800.00
National $ 108,000.00 $139,992.00 $ 209,988.00
Dollar $ 111,996.00 $138,000.00 $ 207,000.00
Thrifty N/A $ 99,999.00 $ 149,999.00
TOTAL $580,596.00 $1,125,975.00 $1,688,963.00
Existing Operator
Existing Operator
Existing Operator
New Operator
Existing Operator
Unsuccessful
Unsuccessful
124
Airport Rental Car Concessions
Lease Summary
Term:
The greater of eighteen months or such a period as may be necessary to
complete the new terminal facilities and re-bid for said facility.
Financials: The greater often percent (10%) of Gross Revenues or bid minimum guarantee of
18 month term.
Current Rate/Proposed
Automobile Service centers - $0.12
Terminal rental rates- $37.24 sq. It. per year $37.24
Ready Rental Retttrn Parking - $17.50 per space/month $15.00
Overall square foot in current terminal is 2223 sq. R. $82,784.00
Overall square foot in temporary facilities will be 1313 sq.
$0.13
$37.24
$17.50
$48,896.00
Insurance:
Commercial General Liability -
Automobile Liability -
Texas Workers' Compensation -
Employers' Liability -
$1,000,000. Combined Single Limit
$1,000,000. Combined Single Limit
Complies with Texas Workers'
Compensation Act
$100,000
125
0
CITY OF
CORPUS CHRISTI
CORPUS
CORPUS CHRISTI
INTERNATIONAL AIRPORT
CHRISTI, TEXAS
126
Temporary Rental
Car Facillties
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
FIVE RENT-A-CAR CONCESSION LEASE AGREEMENTS WITH PAGAN-
LEWIS MOTORS d/b/a BUDGET RENT-A-CAR OF CORPUS CHRISTI,
INC.; COASTAL BEND RENT-A-CAR, INC. d/b/a A.VIS RENT-A-CAR; MAR
JEAN TEXAS, INC. d/b/a HERTZ CAR RENTAL; NATIONAL CAR
RENTAL OF CORPUS CHRISTI, INC.; AND SOUTHWEST - TEX LEASING
CO., INC. d/b/a ADVANTAGE RENT-A-CAR FOR OPERATION OF A
RENT-A-CAR CONCESSION AT CORPUS CHRISTI INTERNATIONAL
AIRPORT IN CONSIDERATION OF PAYMENT OF THE GREATER OF A
GUARANTEED MINIMUM CONCESSION FEE OR TEN PERCENT OF
THE CONCESSIONAIRE'S GROSS MONTHLY REVENUES WITH A
TERM OF UP TO TWELVE MONTHS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION1. Thatthe City Manager, or designee, is hereby authorized to execnte~ve Rent-
A-Car Concession Lease Agreements with Pagan-Lewis Motors d/b/a Budget Rent-A-Car of Corpus
Christi, Inc.; Coastal Bend Rent-A-Car, Inc. dJb/a Avis Rent-A-Car; Mar Jean Texas, Inc. d/b/a Hertz
Car Rental; National Car Rental of Corpus Christi, Inc.; and Southwest - Tex Leasing Co., Inc. d/b/a
Advantage Rent-A-Car for operation of a Rent-A-Car Concession at Corpus Christi International
Airport in consideration of payment of the greater of a guaranteed minimum concession fee or ten
percent of the Concessionaire's gross monthly revenues.
SECTION 2. The Lease Agreement is to begin on the effective date City Council approves
this ordinance and will end on the earlier of the effective date of a lease with a term of eighteen
months covering the same subject matter, terms and conditions as this lease or the twelve month
anniversary of the effective date of this lease.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council ( 1 ) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
_, Armando Chapa, City Secretre7
Samuel L. Neal, Jr. Mayor
Bmo~00,018
127
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
FIVE RENT-A-CAR CONCESSION LEASE AGREEMENTS WITH PAGAN-
LEWIS MOTORS d/b/a BUDGET RENT-A-CAR OF CORPUS CHRISTI,
INC.; COASTAL BEND RENT-A-CAR, INC. d/b/a AVIS RENT-A-CAR; MAR
JEAN TEXAS, INC. d/b/a HERTZ CAR RENTAL; NATIONAL CAR
RENTAL OF CORPUS CHRISTI, INC.; AND SOUTHWEST - TEX LEASING
CO., INC. d/b/a ADVANTAGE RENT-A-CAR FOR OPERATION OF A
RENT-A-CAR CONCESSION AT CORPUS CHRISTI INTERNATIONAL
AIRPORT IN CONSIDERATION OF PAYMENT OF THE GREATER OF A
GUARANTEED MINIMUM CONCESSION FEE OR TEN PERCENT OF
THE CONCESSIONAIRE'S GROSS MONTHLY REVENUES FOR A TERM
OF 18 MONTHS WITH A MONTH TO MONTH HOLDOVER PERIOD
THEREAFTER TERMINATING ON THE DATE OF FINAL COMPLETION
OF THE NEW AIRPORT TERMINAL FACILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City. Manager, or his designee, is hereby authorized to execute five
Rent-A-Car Concession Lease Agreements with Pagan-Lewis Motors d/b/a Budget Rent-A-Car of
Corpus Christi, Inc.; Coastal Bend Rent-A-Car, Inc. d/b/a Avis Rent-A-Car; Mar Jean Texas, Inc.
d/b/a Hertz Car Rental; National Car Rental of Corpus Christi, Inc.; and Southwest - Tex Leasing
Co., Inc. d/b/a Advantage Rent-A-Car for operation of a Rent-A-Car Concession at Corpus Christi
International Airport in consideration of payment of the greater of a guaranteed minimum concession
fee or ten percent of the Concessionaire's gross monthly revenues for a term of 18 months with a
month to month holdover period thereafter terminating on the date of final completion of the new
Airport Terminal Facility.
SECTION 2. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
Bmord00 117
128
ORDINANCE STATUS
AGENDAITEM:
1. Amending the City Code of Ordinances, City of Corpus Christi Chapter 33, Offenses
and Miscellaneous Provisions, Article VI. Graftiti Control, by holding property owners
responsible for the removal of graffiti from their property; providing for criminal
prosecution for failure to remove graffiti from their proper~y; allowing the city, after
reasonable notice, to remove the graffiti if the property owner fails to do so; providing
for an effective date; and providing for publication.
FIRST READING:
August 29, 2000
Passed: 9-0 (unanimously)
FINAL READING:
September 12, 2000
COMMENTS:
129
(.;I I Y f,,;fJUNCIL
AGENDA MEMORANDUM
August 29, 2000
AGENDA ITEM:
Amending the City Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses
and Miscellaneous provisions, Article VI. Graffiti Control, by holding property owners
responsible for the removal of graftill from their property; providing for criminal
prosecution for failure to remove graffiti from their property; allowing the city, after
reasonable notice, to remove the graffiti if the property owner fails to do so; providing
for an effective date; and providing for publication.
ISSUE:
The City of Corpus Christi has been working with several community organizations: the
Junior League of Corpus Christi, Beautify Corpus Christi Association, Make Amends
Program, Neighbors on Watch, the Nueces County Juvenile Justice Center and others
to address this ongoing spread of graffiti vandalism to facilitate removal of graffiti from
public and private property. This ordinance amendment affects principally the particular
property owner involved with the graffiti on their property.
Research indicates that graftill acts as an advertisement for gangs and is counter to the
city's goals in combating youth violence in our community. Graftill is unsightly and
decreases property values and the quality of life in our community. As the city
attempts to attract new industry and increase the property tax base, these efforts are
thwarted by a continuing growth of graffiti throughout the community.
REQUIRED COUNCIL ACTION:
Approval of ordinance with proposed revisions.
RECOMMENDATION:
Approval of ordinance amendment as proposed,
FUNDING:
Approval of this ordinance does not require any funding at this time. The various city
departments tasked with monitoring and enforcement of this ordinance will monitor the
impact and any subsequent increase in workload and will absorb initial costs until the
operating budget has been modified to include this activity.
Marco A. Cisneros
Director, Park and Recreation Department
130
AGENDA MEMORANDUM
BACKGROUND INFORMATION
The city finds that the existing law is inadequate to combat graffiti in the city. This proposed
ordinance contains revisions that provide improved descriptions, definitions and expands the
authority of enforcement. The intention is to provide additional enforcement tools to protect
public and private property from graffiti. It also provides that property owners must take
responsibility for removal of graffiti on their property. This may be done by removal or over-
painting by the property owner. The property owner may also provide written permission for
removal by volunteers or community painting groups, at no cost to the property owner.
The success of this revised ordinance will be determined by the contribution and assistance
of volunteer groups such as the Junior League of Corpus Christi. There are a variety of
community partners or stakeholders who have expressed their support and determination to
assist the property owner who does not have the financial means to remove graffiti. These
volunteer groups offer not only volunteers and organized effort but also the necessary funds
to purchase the paint supplies to cover graffiti. However, if these volunteer groups should
choose to discontinue their involvement in this program, the city does not have this activity
budgeted for. The city would need to absorb the costs associated with this operation.
Over the last year various community organizations have worked together with several city
departments: Park and Recreation, Code Enforcement, Municipal Court, Legal and others, to
insure the successful coordination for development of this ordinance. The purpose has been
to expressly communicate to the public the importance of addressing the ever-increasing
issue of graffiti on both private and public property throughout the city.
This ordinance provides that the property owner has a specific obligation to remove graffiti in
a timely manner from their property. If the property owner refuses to consent to the removal
of the graffiti from the premises after receiving the required city notice, the city has a number
of options to work with. The city has the right to remove the graffiti from the premises with its
own resources or to have the graffiti removed from the premises by volunteer or community
service painting groups at no cost to the property owner. However, if the owner fails to
remove the graffiti from the property, the owner shall be subject to a $500 fine. The city has
few resources to remove graffiti, therefore it is critical that these volunteer or community
service painting groups take ownership of these responsibilities to assist the property owner
who lacks the funds to remove graffiti.
Research indicates that graffiti acts as an advertisement for gangs and is counter to the city's
goals in combating youth violence in our community. Graffiti is unsightly and decreases
property values and the quality of life in our community. As the city attempts to attract new
industry and increase the property tax base, these efforts are thwarted by a continuing
growth of graffiti throughout the community.
The proposed revisions would strengthen the graffiti ordinance and make it easier for
volunteer and community service organizations to work with the city, in a timely manner
(within 30 days) to cover the graffiti. Violations of this ordinance would be placed on the
Municipal Court Compliance docket. If a defendant had received proper notice to appear
and failed to do so, that defendant would be eligible for warrant status. These community
efforts have been a successful collaboration between community groups, volunteers, various
governmental agencies and entities includir~lNueces County.
AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI CHAPTER 33, OFFENSES AND MISCELLANEOUS
PROVISIONS, ARTICLE VI. GRAFFITI CONTROL, BY HOLDING
PROPERTY OWNERS RESPONSIBLE FOR THE REMOVAL OF
GRAFFITI FROM THEIR PROPERTY; PROVIDING FOR CRIMINAL
PROSECUTION FOR FAILURE TO REMOVE GRAFFITI FROM THEIR
PROPERTY; ALLOWING THE CITY, AFTER REASONABLE NOTICE, TO
REMOVE THE GRAFFITI IF THE PROPERTY OWNER FAILS TO DO SO;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 33 of the Code of Ordinances, Article VI. is amended to read as follows:
DIVISION 1. GENERAL PROVISIONS
Sec. 33-100. Purpose and intent.
The city council enacts this article to help prevent the spread of graffiti vandalism and to
facilitate removal of graffiti from public and private property.
The council finds that graffiti is a public nuisance and destructive of the fights and values of
property ow~qers and the entire community. Unless the city acts to remove graffiti from public and
private properly, the graffiti tends to remain. Other properties then become the target of graffiti, and
entire neighborhoods are infected and become tess desirable places in which to live and support
families. Graffiti erodes property values which reduces critical tax base. Graffiti intimidates citizens
and promotes a lawbreaking environment.
The council finds that existing law is inadequate to combat graffiti in the city. This article
is intended to provide additional enforcement tools to protect public and private property from
graffiti, and shall not be construed to conflict with existing state laws.
The council finds that vropertv owners must take responsibilitv for removal of ~raf~ti on
their provertx'. This may be done bv removal or overpaintin,~ bv the prol~ertv owner. or bv the
propertv owner providin~ written permission for removal by volunteers or community paintin~
groups.
BmordO0, 116
132
-- 2
Sec. 33-101. Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases shall have the
meanings designated.
Aerosolpaint container means any aerosol container that is adapted or made for the purpose
of applying spray paint or any other substances capable of defacing property.
Consent means assent in fact, express or apparent, by a person legally authorized to act for
the owner.
Felt tip marker means any felt tip marker or similar implement with a flat or angled writing
surface that, at its broadest width, is onc-fouffi~- inch three-eighths of one inch or greater, containing
ink whether water soluble or not.
Graffiti means any unauthorized inscription, word, letter, figure, painting, drawing, mark,
or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved
on or otherwise affixed to any surface of public or private property, withoht adv&~ce consent of the
Graf~ti implement means any aerosol paint container, paint gun, paint ball gun, felt tip
marker, paint stick or graffiti stick, brush, or etching tool or etching device capable of scarring,
marking, or otherwise defacing glass, metal, concrete, wood, or any surface.
Minor means. for the purposes of this Article. any person under ci~,h:ccn twenty-one (-1-821)
years of age.
Owner means any person who has title to the property or legal fight to control the property,
including the owner's authorized representative.
Paint stick or graf~ti stick means any device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface, and upon application, leaving
a visible mark.
Removal means any method of obscurin~. covering, eradicating. sandblasting, treating,
overpainting, or washino. q which serves to combat the existence and appearance of ~raffiti.
Unauthorized means without the advance consent of the owner and ~ithout authoritv of law,
regulation, or ordinance.
Volunteer or Community Service Paintine Groups means organizations whose activities
include proiects to cover ,oraffiti. This purpose does not include paintinK houses, fences, or
Bmord00 116
133
structures to enhance their value.
DIVISION 2. OFFENSES
Sec. 33-102. P~ ohibit ads Defacement.
(a) Defa~emem Application ofgraf~ti. Application ofgraffiti is unlawful under Texas Penal
Code 28.03 (criminal mischief) and shall be prosecuted thereunder.
(b) Midui '~ posses3ioti ofg, af~ti i,~,plement. A l,dnot conunits an offense if the **dnor
possesses a g~affiti impl,..,cnt on public o~ private property. It shall bca defense to prosecution that
the g~affiti imt.,lcmcnt was possessed with the ad~ ancc color. hi of the pmpcrty's owner. It shall bc
a further dcfcusc to pms~cuticm that the graffiti i,,,plcmcnt was possessed in a place where it was
goihg to bc used in a uOhg~ affiti acti~ iD, such as cmplc~.,cnt, school, church, art, of othc~ activity,
of Ci~fOUtC to Ox fiou~ such place.
(c) Closed F' upei tJ,, po3se~3io~ of gi af~ti imFleme,a. A pcKson comanits m~ offense if h~
possesses a g, affiti impl,.mcnt i~ an} publicly- o,3mcd ot pd~atcly-owncd building, facility, park,
school grom~d, playgiound, svdmming pool, dght-of-wa~, ot other propc~t), or grounds flxcmof,
wl~n such plopcity is closed to the public. It shall bca dcfcns,. to prosecution that the pcrson's
presence in the closed area was ~ ith tht a& ancc consent of the owner.
(~)(b ) Ap.licator 's l'.il.i ~ failure to remove graf~ti. A person who applies graffiti commits
an offense every day the person fails to remove the graffiti and restore the property to its original
condition.
fe:)(c) Parental du.ty. A parent may be prosecuted under City Code section 33-48 for lack of
supervision related to graffiti, and is ~i~illy liable. A parent's civil liability for graffiti damage
rcgaidlcss of fault under bv a child is controlled bv Texas Family Code section 41.001 33.01.
Sec. 33-103. Possession of graffiti inuTlement.
(a) Minor's possession ofgraf~ti implement. A minor commits an offense if the minor
possesses a araffiti imolement on public or private propertv. It shall be a defense to prosecution that
the ~raffiti implement was possessed with the advance consent of the nropertv's owner. It shall be
a further defense to ~rosecution that the ~oraffiti implement was possessed in a place where it was
.~oin~ to be used in a non.araffiti activitY. such as ernplovment. school, church. art. or other activitw
or enroute to or from such place.
(b) Closed propern,: possession of ,,zraffiti implement. A person commits an offense if he
possesses a ~,raf~ti implement in any publicly-owned or privately-owned building. facility. Dark.
school oround. playground. swimmin~ pool. rio~ht-of-wav. or other properw. or ~rounds thereof.
Bmord00 116
134
4
when such properly is closed to the public. It shall be a defense to prosecution that the person's
presence in the closed area was with the advance consent of the owner.
Sec. 33-104. Removal ofgraffiti bv property owner; City removal of graffiti upon failure of
property owner to do so; notice required.
(a) Property owner's failure to remove ~raf[iti. A person commits an offense if the person
is the owner of the property and knowingly fails to remove. or fails to consent to the removal of
graffiti from the property, within 30 days of receipt of written notice provided by the City in
accordance with subsection (e) of this section when the graffiti is visible from:
public place:
(2) Public fight-of-way: or,
Another person's property.
(b) Presumed lack of consent to apt~lv. Unless the owner proves otherwise, lack of consent
will be presumed under circumstances tending, to show:
(D
That there is no evidence of specific written authorization of the ~,raffiti bv
the propert,/owner:
That the graffiti is inconsistent with the design and use of the subject
property: or,
(3) That the person applvin~ the ~raffiti was unknown to the property owner.
(c) Defense. It is a defense to prosecution that the defendant consented to placement of the
graffiti in advance of its application.
(d) City may remove gra(~ti. If the property owner refuses to consent to the removal of the
Graffiti from the premises after receiving the notice required bv subsection (e) of this section, the
City has the fight to remove the graffiti from the premises or to have the ~raffiti removed from the
premises by volunteer or commanitv service mintin~ ~roups.
(e) Notice of violation. The City must notify the property owner in writin~ that the owner's
property appears to have ~raffiti, inform the owner that free removal is available through a specified
program. and inform the owner that the owner' s consent to removal through the designated program
will be presumed unless the owner notifies the City otherwise within 15 days of the notice. The
notice may be served by handin~ it to the person or bv United States certified mail, return receipt
requested, addressed to the owner at the owner' s post office address as shown on the tax rolls of the
Binoral00. 116
135
city or of the county in which the premises are located. If the owner cannot be found or the letter is
returned bv the United States Postal Service. then the owner mav be notified bv:
1.(D publishin~ the notice two times in a newspaper of aeneral circulation:
(2)
postin~ the notice on or near the front door of each building on the premises
to which the violation relates: or
postin~ the notice on a placard attached to a stake driven into the ~round on
the premises to which the violation relates. if the premises contain no
buildin.~s.
Sec. 33-105. Criminal penalty.
An offense under this article shall be punishable by a fine of not less than two hundred
dollms ($200.00) noi more than five hundred dollars ($500.00). A second coh~iction of violation
of this article and ,m} subscqucnt violations thereof shall bc punished by a fine of five hm~dfcd
dollars ($500.00).
DIVISION 3. ANTI-GRAFFITI ACTION
Sec. 33-104. Sec. 33-106. Anti-graffiti action.
The ci[y City iii/uiagcr Manager aiid his or City Manager's designee-am is directed to
consider and implement. as Found apl~x>pj iatc as resources permit, measures aimed at graffiti control
including but not limited to:
(1) Providing public information on free and restitutional graffiti removal programs and on
contractors who perform removal services.
(2) Coordinating governmental and volunteer graffiti removal programs throu~,h the
formation of a Graffiti Task Force made up of communit',' stakeholders working on the eradication
of graffiti.
(3) Providing information on methods to discourage graffiti, such as building techniques,
lighting, and landscaping.
(4) Creating a reward program for information concerning graffiti vandals, with public
advertisement thereof.
(5) Removing graffiti promptly from city-owned property. including traffic boxes.
Bmord00 116
136
6
(6) Requiring property owners Encou,agc,ncnt to busin,.ss and ho,.,. owners to remove
graffiti as soon as possible within thirty (30) days of receipt of written notice.
(7) Encouraging a paint bank from which community-based groups or individuals may obtain
paint and materials needed to remove graffiti. and encouraging businesses and other potential donors
to contribute to the paint bank.
(8) Educating parents and the public that parents are liable for damages caused by their child's
graffiti.
(9) Encouraging anti-graffiti education in schools.
(10) Establishing a system for the city to accept assignment of claims from graffiti victims
in order to file damage suits against parents and graffiti vandals.
(l 1 ) Evaluating annually the effectiveness of this article. and recommending to the council
possible need to adopt additional measures.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for
its purpose.
SECTION 3. Section 1 of this ordinance is effective upon final adoption by the City Council.
SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi.
Binoral00. I 16
137
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September 19, 2000)
Case No. 0800-01, Impressions Homes, Inc.: A change of zoning from an "F-R" Farm-Rural District
to an "R-IB" One-family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19,
being 4.773 acres out of Lot 12, located on the north side of Wooldridge Road, approximately 275 feet west of
Windsong Drive.
Plannin~ Commission and Staff's Recommendation (08/02/00): Approved.
Recluested Council Action: Approval of the "R-1B" District and adoption of the attached ordinance.
PurnoseofRequest: Todevelopa21-1otsingle-familysubdivision..
Summary: The applicant has requested a change of zoning from an "F-R" Farm Rural District to an "R-1B" One-
family Dwelling District in order to develop a 21-1ot single-family residential subdivision with direct access to an
arterial, Wooldridge Road. The proposed subdivision, known as Whispering Creek would be an expansion of the
abutting "R-1B" District to the north. The existing "F-R" District permits single-family development, but requires a
minimum lot size of five (5) acres. The subject property is within the Southside Area Development Plan which
recommends the area to develop with low-density residential uses.
Al~Dlicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, thirty-six (36) notices were mailed to the property owners
within a 200-foot radius, of which none were returned in favor and one (1) was returned in opposition. The 20%
rule is not in effect. t
Director of Planning
MG/MS/er
Attachments:
1) Zoning Report Pages 2-11
2) Comments Received Page 12
3) Planning Commission Minutes Page 13
4) Ordinance Pages 14-16
H:XPLN-DIRXERMA\WORDXAGENDMEM~0800-01AGENDAMEMO,DOC
139
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearina Date:
Map No.:
Applicant:
Leaal Descriotion/Location:
0800-01
August 2, 2000
101-07 (G16B)
Impressions Homes, Inc.
Being a 4.773 acre tract of land out of Lot 12, section 19, Flour Bluff and Encinal Farm and Garden
Tracts, located on the north side of Wooldridge Road, approximately 275 feet west of Windsong
Drive.
Area of Request:
Lot(s) Area:
Current Zonina:
Request:
Current Use of ProDertv:
Purl~ose of Reeluest:
Zoning Change Requested Due
to Notice of Violation:
Adiaeent Zoninl~:
North - "R- 1 B" One-family Dwelling District
South, East, West - "F-R" Farm Rural District
Adjacent Land Use:
North - Single-family residences.
South - (across Wooldridge Road) Undeveloped land.
East, West - Farmland.
4.773 acres
Same as above.
"F-R" Farm-Rural District
"R-1B" One-family Dwelling District
Farmland.
Develop a 21-lot single-family subdivision.
Not applicable.
140 ,~
Zoning Report
Case No. 0800-01 (Impressions Homes, inc. )
Page 2
Number of Residential Units Allowed:
"F-R" - I unit ( 1 unit per 5 acres)
"R-IB" - 34 units (7.26 dwelling units per acre)
Estimated Traffic Generation:
Single-family residential (detached) - 10 average weekday vehicle trip ends per dwelling unit x 34
dwelling units = 340 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Wooldridge Road - arterial
Ri~tht-of-Wav Design
Current:
a) 60-foot right-of-way ~vith a 20-foot wide rural paved section.
Planned:
a) 80-foot fight-of-way with a 62-foot back-to-back paved section.
1996 Traffic Count (24-hour. weekdav, non-directional):
a) None available.
Zonin~ History of Prohetty:
There has been no rezoning activity within the past five (5) years.
Recent Surroundin~ Zonin~ Cases:
There has been no rezoning activity in the area xvithin the past five (5) years.
Zoning: Inventory:
The subject property is a portion of a 146.55-acre tract of land that is predominantly used as
farmland. There are 20 acres used as medical offices and another 20 acres used for a church.
Abutting the subject property on the north, there are 114.12 acres of land zoned an "R-1B" District
that are developed with single-family residences.
141 ~
Zoning Report
Case No. 0800-01 (Impressions Homes. Inc.)
Page 3
Plannin~ Staff Analvsis:
General Characteristics and Background: The applicant has requested a change of zoning
from an "F-R" Farm Rural District to an "R-IB" One-family Dwelling District in order to
develop a 21-lot single-family residential subdivision with direct access to an arterial,
Wooldridge Road. The proposed subdivision, 'known as Whispering Creek (see attached
map) would be an expansion of the abutting "R-1B' District to the north. The existing "F-R"
District permits single-family development, but requires a minimum lot size of five (5) acres.
Conformity to the Comorehensive Plan and Land Use Coml~atibilitv: Overall, the
Comprehensive Plan Elements can be supportive of the requested "R-1B' District. The
Southside Area Development Plan's adopted future land use map recommends the area to
develop with low-density residential uses. As requested, the "R-1B" District is consistent
with the Plan's recommended land use.
Potential Housin,2 Densitv: An "F-R" District permits a density. of one dwelling unit for each
five (5) acres or one unit on the subject property provided it contains five (5) acres. The
"R-1B" District permits a density of 7.26 dwelling units per acre or 34 units on the subject
property. The proposed 2I-lot subdivision is within the density limit of the "R-1B" District.
Hei~ht/BullUSetbacks/Etc.: The are no setback requirements or building height limitations
in the "F-R" District. The "R-1B" District requires a front yard setback of 25 feet with a side
and rear yard setback of five (5) feet each. Buildings in the "R~IB" District are limited to
a height of 35 feet not to exceed three (3) stories.
Signa~e: The "F-R" District does not permit any sig, ns unless to advertise products grown
on the property. Signs in the "R-1B" District are limited to one wall sign not to exceed one
square foot.
Traffic: The proposed 21-Iot residential subdivision is estimated to generate approximately
210 daily vehicle trip ends. This traffic xvill access directly to an arterial, Wooldridge Road.
The amount of traffic generated from the proposed subdivision xvill not adversely impact the
adjacent residential area.
ParkingScreening: Residential development is required to provide 1.5 off-street parking
spaces for each one bedroom dxvelling unit or two (2) off-street parking spaces for each
dwelling unit containing two (2) bedrooms or more. Compliance with the off-street parking
regulations will be required during the permitting phase. A standard screening fence is not
required for residential development.
Costs to CiW: Development of the infrastructure ~vithin the proposed subdivision will be at
the developer's expense. However, the improvement of Wooldridge Road to its ultimate
pavement width may require City participation.
142 /1~
Zoning Report
Case No. 0800-01 (Impressions Homes. Inc.)
Page 4
Platting: The subject properly is a portion of a lot and will require platting before a building
permit can be issued. A residential subdivision has been submitted to the Staff.
Pros: (Ideas in support of the request.)
a)
The requested "R-1B" District is consistent with the Southside Area Development Plan's
adopted future land use map.
b) The requested "R-IB" District is an expansion of the adjacent "R-1B" District to the north.
Cons: (Ideas in support of maintaining the current zoning.)
a) None.
Staff Recommendation:
Approval.
Attachments:
Proposed Subdivision Map
Zoning and Ownership Map
Ownership List
Southside Area Location Map
11:'PLN-DIP, I, ERMA\x, VORD\ZONRPTS/0g0(R) t REPI)OC
143 ~
PL,~I' OF
q/V'hispe .ing
8~NG 4.773 ACRES OF ~D OUT OF LOT 12. SEC~ON
~OU~ BLU~ AND ENCINAL FARM AND G~DEN ~CTS, A
M~ OF WHICH I~ ~ECOEDED IN VOLUME A, PAG~
~ RECORDS OF NUECES COUNt. TE~,
100
EOF1EX/~
144
WH:S~ERING.~
CREEK
~ SUBjE(
,,'
:~nUR
2s
/ /
/
, -'- FR
\ ,' / [] s -
,' "-.," N. NE'
' ACRES
" ""' " <. z "i ," ,,,"'
\ ~,, --/
FR "
· - Property Owner in Favor
.BLUF'=' &:., ENC NAL :3, RM & GARDE,',J
X Property Owner Opposed
See Comments on Page(s)
dul 20. 2000 -- RP p"~"~ %bject property
O 'OO 200
OWNERSHIP LIST
CASE NO. 0800-01
Applicant: Impressions Homes, Inc.
600 North Water, Ste. 725 78471
Representative:
1
Z0800-0I 247600190116
GLASS W F & B H CASEY
5010 OAKMONT
CORPUS CHRiSTI TX 78413
FLOUR BLUFF & ENC FRM GDN
TRACT W/2 OF SW 5 ACS OUT OF LT
ll, W5ACSOUTOFLT 12. SEC 19
2
Z0800-01 247600190210
B & EC PARTNERSHIP LTD
433 PASADENA
CORPUS CHRISTI TX 78411
FLOUR BLLrFF & ENC FRoM GDN
TRACT I9.167 ACS OUT OF LT 21
SEC 19
4
Z0800-01 976200020010
SEESE WILLIAM BET UX
2441 WINDSONG DR
CORPUS CHRISTI TX 78414
W12~TDSONG UNIT #1 LT I BK 2
5
Z0800-01 976200020020
THAU WILLIAM ALBERT III
2437 WINDSONG DR
CORPUS CHRISTI TX 78414
WINDSONG L.XIT #1 LT 2 BK 2
7
Z0800-O1 976200020040
DALTON BARRY LET UX
2429 WINDSONG
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 4 BK 2
8
Z0800-01 976200020050
COPELAND WARREN ET UX PAT
2425 WINDSONG DRIVE
CORPUS CHR.ISTI TX 78414
WINDSONG L,'NIT #1 LT 5 BK 2
10
Z0800-01 976200020070
MC QUEEN SCOTT NORMAN &
MARY CHRISTINE MABRY
2417 WINDSONG DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 7 BK 2
13
Z0800-01 976200020100
COLEMAN EARL J JR ET UX
2405 WINDSONG
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT I0 BK 2
11
Z0800-01 976200020080
SANCHEZ JOSE LUCAS ET UX
2413 WINDSONG DR
CORPUS CHRISTI TX 78414
WINDSONG L.~IT #1 LT 8 BK 2
14
Z0800-01 976200020120
FLANDERS JOHN G
6913 ROSELAND DR
6913 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG L.',IIT #1 LT 12 BK 2
Urban Engineering
2725 Swantner 78404
3
Z0800-01 247600190220
B & EC PARTNRSHIP LTD
433 PASADENA
CORPUS CHRISTI TX 78411
FLOUR BLUFF & ENC FRM GDN
TRACT 17.994 ACS OUT OF LT 22
SEC I9
6
Z0800-01 976200020030
BLEACHER CHRISTOPHER C ET
LILLIAN M
2433 WINDSONG DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 3 BK 2
9
Z0800-01 976200020060
REAVES DERRICK EARL ET UX
DENISE D REAVES --
2421 WINDSONG DRIVE
CORPUS CHRISTI TX 7841~
WINDSONG UNIT #1 LT 6 BK 2
12
Z0800-01 976200020090
STARRS KENrNETH JOSEPH
2409 WINDSONG
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 9 BK 2
15
Z0800-01 976200020130
CUNNINGHAM PHILLIP D JR &
BA~MBI ANN OLDS
6909 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 13 BK 2
146
Ownership List
Case No. 0800-01 (Impressions Homes. Inc.)
Page 2
16
Z0800-01 976200020140
DIAZ DE LEON VICTOR O JR
ET UX
6905 ROSELAND
CORPUS CHRISTI TX 78414
WENIDSONG UNIT #1 LT 14 BK 2
19
Z0800-01 976200020170
GUIDRY DARLENE A
6829 ROSELAND DRIVE
6829 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 17 BK 2
22
Z0800-01 976200020200
MORENO ANDREW D ET UX
6817 ROSELAND
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 20 BK 2
25
Z0800-01 976200020230
GOBAR ROBERT JOHN
ETUX ELSA G GOBAR
6805 ROSELAND DRIVE
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 23 BK 2
28
Z0800-01 976200030020
LEONARD EDWARD GEO AND LA
A LEONARD TR.S ET AL
6906 ROSELAND DR
COREUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 2 BK 3
31
Z0800-01 976200040020
TREJO RUBEN
6806 ROSELAND DRIVE
6806 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 2 BK 4
34
Z0800-01 976200040050
ELLIOTT WILLIAM D ET UX
6818 ROSELAND
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 5 BK 4
17
Z0800-01 976200020150
DRYMAN ROBERT WAYNE ET UX
RITA K
6901 ROSELAND DRIVE
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 15 BK 2
20
Z0800-01 976200020180
SAMPANA ERNESTO MET UX
6825 ROSELAND
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 18 BK 2
23
Z0800-01 976200020210
WIGGINS KARL F JR ET UX
DARLA J
6813 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #I LT 21 BK 2
26
Z0800-01 976200020240
STONER PAUL VINCENT ET UX
DOLORES RAMONA
6801 ROSELAND DK
CORPUS CHRISTI TX 78414
WINDSONG LL'NIT #1 LT 24 BK 2
29
Z0800-01 976200030030
FALCON NOILMAND ET UX
6910 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG L,'2qIT #1 LT 3 BK 3
32
Z0800-01 976200040030
WILSON RANDY D
RILEY
6810 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG L~'NIT #1 LT 3 BK 4
35
Z0800-01 976200040060
SKROBARCZYK JOSEPH GET U
6822 ROSELAND DR
CORPUS CItRISTI TX 78414
WINDSONG UNIT #1 LT 6 BK 4
18
Z0800-01 976200020160
RODRIGUEZ. ROBERTO MET U
DORA
6833 ROSELAND
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 16 BK 2
21
Z0800-01 976200020190
CAHILL KAREN E
6821 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 19 BK 2
24
Z0800-01 976200020220
KOTS STEVEN DUAN ET UX
6809 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #l LT 22 BK 2
27
Z0800-01 976200030010
BENAVIDEZ JOHN H ET lax
FRANCES V
6902 ROSELAND
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT I BK 3
30
Z0800-01 976200040010
LOPEZ ALFRED ET UX
6802 ROSELAND DR
COREUS CHRISTI TX 78414
WINDSONG UNIT #I LT 1 BK 4
33
Z0800-01 976200040040
COFER DOUG E JR ET UX
CECILIA K
6814 ROSELAND DR
CORPUS CHRISTI TX 78414
WINDSONG UNIT #1 LT 4 BK 4
36
Z0800-01 976200040070
ADKINS EMORY DARRELL
6826 ROSELAND DRIVE
CORPUS CHRISTI TX 78414
WINDSONG UNIT #I LT 7 BK 4
147
Ownership List
Case No. 0800-01 (Impressions Homes. Inc.)
Page 3
Z0800-01 247600190110 SP
CRAM JANET T
6329 ST. ANDPEWS DRIVE
CORPUS CHRISTI TX 78413
FLOUR BLUFF & ENC FRM GDN
TRACT S5 ACS OUT OF LT I2 SEC 19
Z0800-01
DAN BRANDLY
BRIGHTON VILLAGE
NEIGHBOR.HOOD ASSN.
3206 DUNBARTON OAK
CORPUS CHRISTI, TEXAS 78414
Z0800-01
LEROY SAN MIGUEL
MAINTENANCE DEPT.
CORPUS CHRISTI I.S.D.
P. O. DRAWER 110
CORPUS CHRISTI, TEXAS 78403
Z0800-01
ROGER KOEPKE
WOOLDRIDGE CREEK
NEIGHBORHOOD ASSN., INC.
5906 GOLDEN CANYON
CORPUS CHRISTI, TEXAS 78414
Z0800-01
LUPITA BESTE
BRIGHTON VILLAGE ZONING
COORDINATOR
P. O. BOX 81531
CORPUS CHRISTI, TEXAS 78468
RODD FIELD RD
/
BLVD.
E~I~TORYZ RO.
SOUTR STAPLES ST.
EVERHART
CROSSTOWN EXTENTION LU
GRFFNWOOD DR
149
0
O
Z
0
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0800-01
Impressions Homes, Inc.
· Favor
X Opposed
(Note: The listed numbers conrespond to the attached map.)
II.
Notices returned from within the 200-foot notification area:
None.
Favor:
ODDosition:
12)
Ken and Karon Stanrs - 2409 Windsong
"With all the vacant house in the area, building new homes now will just create
more vacant houses which ~vill increase vandalism and other crimes and will_
decrease property values and will adversely affect the entire area."
Responses received from outside the 200-foot notification area:
Favor: None.
Opoosition: None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
O0~osition: None.
II:\PLN-DIR\ERMA\WOII. D\COMMDAFA0800-0ICOM.DOC
l,l.
Planning Commission Minutes
August 2. 2000
Impressions Homes, Inc.: 0800-01
REQUEST: "F-R" Farm-Rural District to "R- 1B" One-family Dwelling District on property being a 4.773 acre
tract of land out of Lot 12, Section 19, Flour Bluff and Encinal Farm and Garden Tracts and
located on the north side of Wooldridge Road approximately 275 feet west of Windsong Drive
Mr. Saidaria presented a slide illustration of the subject property and the surrounding area. The subject
proper~y is a portion of a 146.55 acre tract of land that is predominantly used as farmland. There are 20 acres used
as medical offices and another 20 acres used for a church. Abutting the subject property on the notch, there are
114.12 acres offand zoned an "R-1B" District that are developed with single-family residences.
Mr. Saidaria stated that the applicant requested a change of zoning to develop a 21-lot single-family
residential subdivision with direct access to an arterial. Wooldridge Road. The proposed subdivision, known as
Whispering Creek would be an expansion of the abutting "R-1B" District to the north. The existing "F-R" District
permits single-family development, but requires a minimum lot size of five (5) acres.
The subject property. is within the Southside Area Development Plan which recommends to area to develop
with low-density residential uses. Therefore, Staff recommends approval of the rezoning request.
Commissioner Sween-McGloin expressed concern with the development creating a "no man's land". In
response. Mr. Saidaria said that the property owner of the adjacent 165 feet did not want to participate in the
development. With regard to funding for the City's participation portion, Mr. Saidaria stated that the funding is
contained within the Capital Improvement Program.
Chairman Berlanga opened the public hearing.
Chuck Urban, 2725 Swantner. representing the applicant, presented alternative development ideas to the
Commission. Mr. Urban stated that during the platting process, he and the owner would agree on a development
that would be feasible. He reiterated that the adjacent owner did not want to participate in the development.
Public hearing was closed.
Motion by Mims. seconded by Sween-McGloim to approve Staff's recommendation. Motion passed
unanimously.
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
APPLICANT'S REQUEST
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
IMPRESSIONS HOMES, INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO 4.773 ACRES OUT OF LOT 12, SECTION 19, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F-R"
FARM-RURAL DISTRICT TO "R-1 B" ONE-FAMILY DWELLING
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Impressions Homes, Inc., for
amendment to the zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 2, 2000, during a meeting of the Planning Commission, and on Tuesday,
September 12, 2000, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpu.~
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of 4.773 acres out of Lot 12, Section 19, Flour Bluff
and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road,
approximately 275 feet west of Windsong Drive, from "F-R" Farm-Rural District to
"R-1B" One-family Dwelling District. Metes and bounds description are attached as
Exhibit A.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
\\C~TYHALL~2\USERS\LEG~DIR\VER~NICA\DDCURT~S\MYD~CS%2~\P&ZoRD~\D~YLEC%Z~8~1a~d~
~ s2 /~
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Chdsti as required by the City Char~er of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 12th day of September, 2000.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 28, 2000
James R. Bray, Jr.
City Attorney
By: ~~~~:~
Senior A~ssistant City Attorney
\\C~TYHALL~2~USERSU-EG~D~R\VER~N~CA~DDCURT~S~ViYD~CS~2D~P&Z~RD~D~YLEC~Z~8~1A~D~C
'::i,854-3101
ENGINEERING
~ O. BOX ~355 · CORPUS CHRIST1 TEXAS 78466-6355
Job No. 37291.00,00
FAX (36118,
STATE OF TEXAS
COUNTY OF NUECES
FIELDNOTES for a 4,773 acre tract of land out of Lot 12, Section 19, Flour Bluff and
Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4143, Map
Records of Nueces County, Texas; said 4.773 acre tract being more fully descnbed as follows:
BEGINNING at a 5/8 inch iron rod with rod plastic cap labeled "Urban Engr C.C. Tx" set on
the northeast boundary of Wooldddge Road, a 60 foot wide public roadway for the south comer
of this tract from which comer a 518 inch iron rod found for the southwest comer of Lot 1, Block
2, Windsong Subdivision Unit 1, a map of which is recorded in Volume 49, Pages 140-141, Map
Records of Nueces County, Texas. bears South 61001'50`. East, a distance of 166.99 feet;
THENCE North 61°01'50" West, along the northeast boundary of said Wooldddge Road,
same being the southwest boundary of this tract, 330.29 feet to a 5t8 inch iron rod with red
plastic cap labeled "Urban Engr C.C. Tx", set for the southwest comer of this tract;
THENCE North 29°04'06'' East. leaving said northeast boundary of Wooldddge Road, with
the northwest boundary of this tract, at 1.52 feet pass a 1/2 inch iron rod found, in all a distance
of 630.95 feet to a 5/8 inch iron rod with red plastic labeled "Urban Engr C.C. Tx" set on the
southwest boundary of said Windsong Subdivision Unit 1, for the north comer of this tract;
THENCE South 60058'35" east, with the common boundary of said Windsong Subdivision
Unit 1 and of this tract, 330.61 feet to a 5/8 inch iron rod with red plastic cap labeled "Urban
Engr C.C. Tx", set for the east comer of this tract;
THENCE South 29°05'52" West, with the common boundary of said Lot 12. Section 19,
and Lot 11, Section 19, Flour Bluff and Encinai Farm and Garden Tracts. a map of which is
recorded in Volume A. Pages 41-43, Map Records of Nueces county, Texas. at 629.11 feet
pass a 5/8 inch iron pipe bent, in all a distance of 630.63 feet to the POINT OF BEGINNING.
Beanngs based on the southwest boundary line of Windsong Subdivision Unit 1, a map of
which is recorded in Volume 49, Pages 140-141, Map Records of Nueces County, Texas.
URBAN ENGINEERING
EXHIBIT
2725 SV~'ANTTGER C~ · CORPUS CHRtSTI TEXAS 78404
rnall.,~uflDaneng .corn
154
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September 19, 2000)
Case No. 0800-02, Victor C. & Lana Huff, Jr.: A change of zoning from a "B-4" General Business
District to an "I-2" Light Industrial District on Saratoga Subdivision, Block A, located on the northeast comer of
Saratoga Boulevard and Greenwood Drive.
Plannint Commission and Staffs Recommendation (08/02/00}: Approved.
Recmested Council Action: Approval of the "I-2" District and adoption of the attached ordinance.
Purpose of Recluest: Construction companies and outside storage.
Summarv: The applicant has requested a change of zoning from a "B--4" General Business District to an "I-2" Light
IndusUial DisUict in order to develop the property with buildings for two (2) construction companies. A construction
company is usually associated with outside storage of materials and the storage of heavy equipment. These types of
storage require an "I-2" Disuict. Adjacent to the north and east, the area is developed with industrial uses. As
proposed, the planned coustmction companies would be consistent with the adjacent uses and the requested "I-2"
Diswict is an expansion of the "I-2" District on the north, south, and east. The subject property has direct access to
two (2) arterials, Saratoga Boulevard and Greenwood Drive. Therefore, vehicle traffic would not traverse a
residential area. Current zoning regulations require the screening of outside storage.
Applicant's Position: The applicant concurs with Planning Cornnnssion and Staffs recommendation.
Notification: Prior to the date of this memorandum, ten (10) notices were mailed to the property owners within a
200-foot radius, of which one (1) was returned in favor and none in opposition. A notice in favor was also
submitted by the subject property owner. The 20% rule is not in effect. ~
Director o lannmg
MGfMS/er
Attachments:
1) Zoning Report Pages 2-8
2) Comments Received Page 9
3) Planning Cornnussion Minutes Page 10
4) Ordinance Pages 11-12
H:XPLN-DIR\ERMA\WOP, DL, x. GENDMEM\0800-O2AGENDAMEMO.DOC
155
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearinl~ Date:
Map No.:
Applicant:
Legal Descrintion/Location:
0800-02
August 2, 2000
89-6 (H14A & I14C)
Victor C. and Lana Huff
Saratoga Subdivision, Block A, located on the northeast coruer of Saratoga Boulevard and
Greenwood Drive.
Area of Reouest:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Pronetry:
Purpose of Re¢luest:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zonino,:
North, South, East -"I-2" Light Industrial District
West - "R-1B" One-family Dwelling District
5.88 acres
Same as above.
"B-4" General Business District
"I-2" Light Industrial District
Undeveloped land.
Develop the property for construction
companies.
Not applicable.
Adiacent Land Use:
North - Construction company and outside storage.
South - (across Saratoga Boulevard) Undeveloped land.
East - Sign company.
West - (across Greenwood Drive) Undeveloped land.
156
Zoning Report
Case No. 0800-02 (Victor C. and Lana Huff')
Page 2
Number of Residential Units Allowed:
"B-4" - 213 units (36.3 0 dwelling units per acre)
"I-2" - Permanent or temporary housing or lodging is not permitted except for a caretaker's quarters.
Estimated Traffic Generation:
General light industrial - 6.97 average weekday vehicle trip ends per 1,000 square feet of gross floor
area x 15,000 square feet (total) gross floor area = 105 average weekday vehicle trip ends.
Adiaeent Streets/Classification:
a) Saratoga Boulevard - arterial
b) Greenwood Drive - arterial
Ri~ht-of-Wav Design
Current:
a) 120-foot fight-of-way with a 24-foot wide rural paved section.
b) 80-foot fight-of-way with a 62-foot back-to-back paved section.
Planned:
a) 120-foot right-of-way with t~vo, 37-foot back-to-back paved sections and a 26~foot wide
median.
b) Same as current.
1996 Traffic Count (24-hour. weekday. non-direetional]:
a) 6,440 vehicles per day (Avest of Greenwood Drive).
b) 5,090 vehicles per day.
Zonin~ History of ProherB':
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zonin~ Cases:
There has been no rezoning activity in the area within the past five (5) years.
157
Zoning Report
Case No. 0800-02 (Victor C. and Lana Huff)
Page 3
Zoning Inventory:
The subject property is the only "B-4" District property in the area. Surrounding the subject property
on 3 sides, are 103.4 acres of land zoned an "I-2" District that are developed with various types of
industrial uses ranging from construction contractors to light manufacturing to vehicle storage lots
to outside storage of material. Mozt of the development is north of Saratoga Boulevard. South of
Saratoga Boulevard, the are is predominantly undeveloped. West of the subject property, there are
38t .93 acres of land zoned an "R-1B" District that contains single-family residences at it north end,
undeveloped land in the middle, and waste~vater treatment plant at it south end.
Planning Staff Analysis:
General Characteristics and BackWound: The applicant has requested a change of zoning
from a "B-4" General Business District to an "I-2" Light Industrial District in order to
develop the property xvith buildings for two (2) construction companies. A construction
company is usually associated with outside storage of materials and the storage of heavy,
equipment. These types of storage require an "I-2" District. Adjacent to the north and east,
the area is developed ~vith industrial uses. As proposed, the plarmed construction companies
would be consistent with the adjacent uses and the requested "I-2" District is an expansion
of the "I-2" District on the north, south, and east. The subject property has direct access to
two (2) arterials, Saratoga Boulevard and Greenwood Drive. Therefore, vehicle traffic would
not traverse a residential area. Current zoning regulations require the screening of outside
storage.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements can be supportive of the requested "I-2" District. The
Westside Area Development Plan's adopted future land use map recommends the area to
develop with general commercial uses. However, the surrounding area is recommended for
light industrial uses. Expanding the light industrial uses onto the subject property would not
be contrary to the Westside Area Development Plan.
Potential Housin~ Density: The "B-4" District permits a residential density of 36.30 dwelling
units per acre or 213 units on the subject property. An "I-2" District does not permit
temporary or permanent housing or lodging except for a caretaker's quarters. The
elimination of residential uses is appropriate xvhen the area is surrounded by industrial uses.
Height/Bulk/Setbacks/Etc.: Both the "B-4" and "I-2~' Districts require a front yard setback
of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district
where a setback of ten (10) feet is required. Neither the "B-4" or "I-2" Districts limit the
building heights.
Si.~o~nage: Both the "B-4" and "I-2' District permit unlimited ~vall and freestanding signs
provided they are located behind the front yard setback. If the freestanding sign is located
within the front yard setback. it is limited to one sign per street frontage with a sign area o
158
Zoning Report
Case No. 0800-02 (Victor C. and Lana Huff)
Page 4
forty (40) square feet and a height of 25 feet. The "I-2" District also permits off-premise
signs (billboards).
Traffic: The subject property has direct access to two (2) arterials, Saratoga Boulevard and
Greenwood Drive. Greenwood Drive is improved to a 4-lane road with a continuous left-
tam lane, which is designed to carry large volumes of traffic. Saratoga Boulevard is not
improved to its ultimate pavement width, but can still accommodate additional traffic. The
amount of traffic estimated to be generated by the proposed development, 105 daily trip ends,
can be accommodated by the adjacent streets.
Parkin~jScreenin~: A contractor's yard is required to provide one off-street parking space
for every three (3) employees on the premises. Compliance with the off-street parking
regulations will be required during the permitting phase of the project. A standard screening
fence with a height of not less than six (6) feet is required where a business or induslrial use
locates adjacent to a residential district. The subject property does not have any residential
adjacency and a standard screening fence will not be required. However, the "I-2" District
does require outside storage to be screened from the public right-of-way and that it cannot
be located with the required setbacks.
Costs to City: The infrastructure needed to service the subject property and its proposed
development is in place. Since Saratoga Boulevard is not built to its ultimate pavement
width, some City participation may be required when the State improves the road.
· Platting: The subject property contains a platted lot and further replatting is not required.
Pros: (Ideas in support of the request.)
The requested "I-2" District would be an expansion of the "I-2" District adjacent to the north
south and east.
b) The proposed industrial use is consistent ~vith the surrounding development.
Cons: (Ideas in support of maintaining the current zoning.)
None.
Staff Recommendation:
Approval.
Attachments:
Zoning and Ownership Map
Ownership List
Westside Area Location Map
It:\PLN-DIR/ERMA\WORD\ZONRPTS\080002REP.DOC
159
BOHEMIAN COLONY LANDS
R-IB
SUBJECT
r
/
__ A A
S RATOG
from
BOHEMIAN COLONY LANDS
5
5
I-2
dul 20, 2000- RP
o too zoo
CASE Z0800-02
160
I t~
· , Property Owner in Favor
X property Owner Opposed
See Comments on Page(s)
Subject property
Owners within 200 feet listed on a{taclled ownership list
._ o ,/ (',,s'~ 7
OWNERSHIP LIST
CASE NO. 0800-02
APPLICANT: Victor C. & Lana Huff. Jr.
P. O. Box 4100 78469
1
Z0800-02 084700060015
LUNDGREN W L
5626 OCEAN DR
CORPUS CHRISTI TX 78412
BOHEMIAN COLONY LANDS 32.027
ACS OUT SW/2 LT 2 SEC 6
2
Z0800-02 084700140080
SOUTH TEXAS RAINBOW LMTD
C/O ROAN REAL ESTATE CO I
P O BOX 5405
CORPUS CHRISTI TX 78465
BOHEMIAN COLONY LANDS 11.50
ACS OUT OF LT 8 SEC 14
4
Z0800-02 298100020110
MATA FAMILY LIVING TRUST
4034 DONAHO
CORPUS CHRISTI TX 78413
GREENWOOD INDUSTRIAL TRACTS
LTS 11 AND 12 BLK2
5
Z0800-02 299600010240
WALKER RUTH
4822 BLACKJACK
CORPUS CHRISTI TX 78418
GREENWOOD PK LT 24 BK I
7
Z0800-02 299600010260
SALONE LORENE C
C/O ANDPEA SALAS
4814 BLACKJACK
CORPUS CHRISTI TX 78416
GREENWOOD PK LT 26 BK 1
8
Z0800-02 301000000000
CITY OF CORPUS CHRISTI
GREENWOOD WASTEWATER
PLANT SITE 31.72 ACS OUT 94.455
AC TR
I0
Z0800-02 865400010020
PALL MICHAEL S
P O BOX 5505
CORPUS CHRISTI TX 78405
SWACO TR LT 2-A BK I
11
Z0800-02 ROW
TEXAS DEPT. OF TRANSPORTATION
1701 SOUTH PADRE ISLAND DR.
CORPUS CHRISTI, TEXAS 78416
Z0800-02
LEROY SAN MIGUEL
MAINTENANCE DEPARTMENT
CORPUS CHRISTI I.S.D.
P. O. DRAWER II0
CORPUS CHRISTI, TEXAS 78403
3
Z0800-02 298100020100
BALDREE JOHN R ET UX
ANNM
P O BOX 270713
CORPUS CHRISTI TX 78427
GREENWOOD INDUSTRIAL TRACTS
LT 10 BLK 2
6
Z0800-02 299600010250
WILLIAMS JUNIOUS JR &
ORA RUTH
4245 BILTMORE DR
CORPUS CHRISTI TX 78413
GREENWOOD PK LT 25 BK 1
9
Z0800-02 865400010010
BLACK BOB ET UX
4522 SNEAD
CORPUS CHRISTI TX 78413
SWACO TR LT I BK 1
SP
Z0800-02 771500010000
HARRIS LORWEN CORNELIA
11 SPARHAWK CN
KITFERY PINT ME 03905
SARATOGA BK A AKA 6.07 ACS
OUT OF LT 5 SEC 7 BOH COL LDS
[I:\PLN-DIR\ERMA\WORD\OWNERSHIP LIS'Fi08OO-O2OWNERSI!IP.DOC
161
0
eeL-
O
L~
162
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0800-02
victor c. & Lana Huff, Jr.
· Favor
X Opposed
(Note: The listed numbers correspond to the attached map.)
II.
Notices returned from within the 200-foot notification area:
Favor:
2)
South Texas Rainbow Limited Partnership, P.O. Box 5405 78465
No written comment.
Opposition: None.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
III.
Responses received from owners/applicants of subject area:
Favor:
Lorwen Cornelia Harris, 11 Sparhawk Lane, Kittery Pint, ME 03905
(Subject property owner)
No written comment.
Opposition: None.
[ I:\pLN-DIRx, ERMA\WORD\COMMDATA\0g00-O2COM.DOC
163
Planning Commission Minutes
August 2. 2000
Victor C. and Lana Huff:
0800-02
MEQUEST:
"B~4" General Business District to "1-2" Light Industrial District on Saratoga Subdivision, Block
A. and located on the northeast comer of Saratoga Boulevard and Greenwood Drive
Mr. Saidaria presented a slide illustration of the subject property and the surrounding area. The subject
property. is the only "B-4" District property. in the area. Surrounding the subject property. on three (3) sides, are
103.4 acres of land zoned an "1-2" District that are developed with various t3qpes of industrial uses ranging from
construction contractors to light manufacturing to vehicle storage lots to outside storage of material. Most of the
development is north of Saratoga Boulevard. South of Saratoga Boulevard. the area is predominantly undeveloped.
West of the subject property, there are 381.93 acres of land zoned an "R-IB" District that contains single-family
residences at the north end, undeveloped land in the middle. and wastewater treatment plant at the south end.
Mr. Saidaria stated that the applicant requested a change of zoning to an "1-2" District to develop the
property with buildings for two (2) construction companies. A construction company is usually associated with
outside storage of materials and the storage of heavy equipment. These types of storage require an "[-2" Dista'ict.
Adjacent to the north and east, the area is developed with industrial uses. As proposed. the planned consauction
companies would be consistent with the adjacent uses and the requested "I-2" District is an expansion of the "I-2"
District on the north. south. and east. The subject propert-,.' has direct access to two (2) arterials, Saratoga Boulevard
and Greenwood Drive. Therefore. vehicle traffic would not traverse a residential area. Currently zoning regulations
would require the screening of outside storage.
The subject property is contained within the Westside Area Development Plan which recommends the area
to develop with general commercial uses. However. the surrounding area is recommended for light industrial uses.
Expanding the light industrial uses onto the subject property. would not be contrary to the Westside Area
Development Plan. Therefore. Staff recommends approval of the rezoning request.
Chairman Berlanga opened the public hearing.
Lana Huff, 13999 Cabana North, stated that she and her husband wanted to develop a consauction
company on the property. and supports the zoning change.
Steve Roberts. 321 Wilshire. representing the owner of the property., stated that the owner supported the
rezoning request.
Public hearing was closed.
Motion by Kelly. seconded by Sween-McGIoin. to approve Staffs recommendation. Motion passed
unanimously.
164
- PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
APPLICANT'S REQUEST
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
VICTOR C. AND LANA HUFF, BY CHANGING THE ZONING MAP IN
REFERENCE TO BLOCK A, SARATOGA SUBDIVISION, FROM "B-4"
GENERAL BUSINESS DISTRICT TO "1-2" UGHT INDUSTRIAL
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Victor C. and Lana Huff, for amendment
to the zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
August 2, 2000, dudng a meeting of the Planning Commission, and on Tuesday,
September 12, 2000, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of Block A, Saratoga Subdivision, located on the
northeast corner of Saratoga Boulevard and Greenwood Drive, from "B-a," General
Business District to "1-2" Light Industrial District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance. as amended by this ordinance.
\\C~TYHALL~2\USERS\LEG-D~R~VER~N~CA\DDCUR`1~YD~CS~P&~RD~YLEC~Z~8~2a.d~c
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 12th day of September, 2000.
A I I EST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 28, 2000
James R. Bray, Jr.
City Attorney
\\C~TYHALL~2\U~ERS~LEG~D~R\VER~NICA\DDCURT~S~1YD~CS~\P&Z~RD~\D~YLEC~Z~8~2A~D~C
166
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September 12, 2000)
Case No. 0800-03, John Barrera: A change of zorting from an "A-1' Apart~nent House District to an
"R-1C" One-family Dwelling District on 7.778 acres out of Lot 5, Section 11, Bohemian Colony Lands and die
north 411 feet of Lot 25, Block I, Penn Place, located on die east side of Weber road, approximately 220 feet
north of Aaron Drive.
Plannin2 Commission and Staffs Recommendation (08/02/00): Approve&
Reo uested Council Action: Approval of the "R-1 C" District and adoption of die attached ordinance.
PuruoseofReouest: Todevehipa38dotsingle-farmlysubdivision.
Summarv: The applicant has requested a change of zoning from an "A-I" apamnent House District to an "R-1C"
One-family Dwelling District in order to develop a 38-1ot single-family residential subdivision widi direct access to
an arterial, Weber Road. The existing "A-I" Dislxict pernuts single-family development, but die developer would
be required to install larger infrastructure, wider streets, wastewater and water lines, commensurate with die more
intense "A-1" permitted uses. The requested "R-1C" District would only require die typical residential streets, water
and sewer lines and at die same time prohibit single-family structures widiin the subdivision from being converted to
multi-family uses, i.e., apartment garages. The requested "R-1C" District would be an expansion of die abutting
"R-1 C" District to die soudi and east.
ADDlicant's Position: The applicant concurs with Planning Commission and Staffs recommendation.
Notification: Prior to die date of this memoranda ten (10) notices were mailed to die property owners within a
200-foot radius, of which one (1) was returned in favor and none in opposition. The 20% rule is not in effect.
Mxchael N. Gunn,ng, AICP
D~ector of Pla '
· nnin~
MG/MS/er
Attachments:
1) Zoning Report Pages 2-9
2) Comments Received Page 10
3) planning Comnussion Minutes Page 11
4) Ordinance Pages 12-14
H:XPLN-DIRXERMA\WORD~AGENDMEM\0800-03AGENDAMEMO.DOC
167
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearin~ Date:
Map No.:
Applicant:
Lel~ai Descril~tion/Location:
0800-03
August2,2000
100-1 (H15C)
John Ba~era
Being 7.778 acres out of Lot 5. Section 11, Bohemian Colony Lands and the north 411 feet of Lot
25, Block 1, Penn Place, located on the east side of Weber Road. approximately 220 feet north of
Aaron Drive.
8.878 acres
Same as above.
"A-1" Apartment House District
"R- 1C" One-family Dwelling District
Undeveloped land.
Develop a 38-1ot single-family subdivision.
Not applicable.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
North, West -"R-1B' One-family Dwelling District
South, East - "R-IC" One-family Dwelling District
Adjacent Land Use:
North - Farmland.
South - Single-family residences and undeveloped land.
East - Public middle school (Elliot Grant Middle School)
West - (across Weber Road) Farmland.
168
Zoning Report
Case No. 0800-03 (John Barrera)
Page 2
Number of Residential Units Allowed:
"R-1C' - 75 units (9.68 dwelling units per acre)
"A-I" - 169 units (21.78 dwelling units per acre)
Estimated Traffic Generation:
Single-family residential (detached) - 10 average ~veekday vehicle trip ends per dwelling unit x 75
dwelling traits = 750 average weekday vehicle trip ends.
Adjacent Streets/Classification:
a) Weber Road - arterial
Ri~ht-of-Wav Design
Current:
a) 100-foot right-of-way with a 76-foot back-to-back paved section.
Planned:
a) Same as current.
1996 Traffic Count (24-hour. ~veekdav. non-directional):
a) None available.
Zonin~ History of ProDertw:
There has been no rezoning activity xvithin the past five (5) >'ears.
Recent Surroundint! Zoninl~ Cases:
In December 1996, the adjacent subdivision to the south, Penn Place, was granted a change of zoning
from an "A-I" District to an "R-1C' District.
In February 1997, the subdivision further to the south. Aaron Estates, was granted a change of zoning
from an "A-I" District and a "B-1" District to an "R-1C" District.
Zonin~ Inventory:
The subject property is the last remaining undeveloped area zoned an "A-I' District. To the south
and east, there are 41.61 acres of land zoned an "R-1C' District that is predominantly developed with
single-family residences and a public school. To the noah, there are over 2,100 acres of land zoned
169
Zoning Report
Case No, 0800-03 (John Barrera)
Page 3
an "R-1B" District of which the north end and the south end are developed ~vith single-family
residences and the middle remaining undeveloped.
Planning: Staff Analvsis:
General Characteristics and Backsound: The applicant has requested a change of zoning
from an "A-I" Apartment House District to an "R-I C" One-family Dwelling District in order
to develop a 38-1ot single-family residential subdivision with direct access to an arterial,
Weber Road. The proposed subdivision is planned to be known as Royal Cour~ (see attached
map). The existing "A-I" District permits single-family development, but the developer
would be required to install larger infrastructure, wider streets, wastewater and water lines,
commensurate ~vith the more intense "A-I" permitted uses. The requested "R-1C" District
would only require the typical residential streets, water and sewer lines and at the same time
prohibit single-family structures within the subdivision from being convened to multi-family
uses, i.e., apartment garages, The requested "R-1C" District would be an expansion of the
abutting "R-1 C" District to the south and east.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements can be supportive of the requested "R-1C" District. The
Southside Area Development Plan's adopted future land use map recommends the area to
develop with medium-density residential uses. As requested, the "R-1C" District is
consistent with the Plan' s recommended land use.
Potential Housino_ Density: An "A-I" District pen'nits a residential density of 21.78 dwelling
units per area or 169 units on the subject property, excluding the east 116 feet because that
portion has been dedicated as a park. The requested "R-1C" District permits a density of
9.68 dwelling units per acre with a minimum lot size of 4,500 square feet, or 75 units on the
developable portion of the subj oct property.
Heimht/Bulk/Setbacks/Etc.: Both the "R-1C" and "A-I" District require a front yard setback
of not less than twenty (20) feet. The "R-1C' District requires a side and rear yard setback
of five (5) feet each. Side and rear yard setbacks in the "A-I" District are five (5) feet each
for single-family and duplex uses and ten (10) feet each for the first floor of a multiple-
family development plus five (5) feet for each additional floor. The "R-1C" District permits
a height of 26 feet not to exceed two (2) stories. \Vhereas, an "A-I" District permits a
building height of 45 feet not to exceed three 13) stories.
Si.~nage: Signs in the "R-1C' District are limited to one wall sign with a sign area not to
exceed one square foot..,Ln '~A-I" District permits the subject property either one wall sign
or one freestanding sig, a with a sign area not to exceed forty (40) square feet. The
freestanding sig'n is limited to a height often (10) feet and required a setback often (10) feet.
Traffiq: The proposed single-famiIy residential development would reduce the potential~
traffic from 1.093 daily trip ends (6.47 trip ends on 169 units) to 750 daily trip ends. Thi
170
Zoning Report
Case No. 0800-03(JohnBa~em)
Page 4
reduction represents a 3I% decrease. The subject property has direct access to an arterial,
Weber Road, which has been designed and improved to carry large volumes of traffic. The
proposed development will have minimal adverse impact on the adjacent street system.
Parkina/Screenin~: Residential development is required to provide 1.5 off-street parking
spaces for each one-bedrgom unit or two (2) off-street parking spaces for each unit
containing two (2) bedrooms or more. Compliance with the parking regulations will be
required during the permitting phase. Residential development is not required to provide any
screening.
Costs to City: Development of the proposed single-family development ~vill be borne by the
developer and no costs to the City are anticipated.
Platting: The subject property is a portion of a lot and will require platting before a building
permit can be issued. A residential subdivision has been submitted to the Staff.
Pros: (Ideas in support of the request.)
a)
The requested "R-1C" District is consistent with the Southside Area Development Plan's
adopted future land use map.
b) The requested "R-1C" District is an expansion of the adjacent "R-IB" District
Cons: (Ideas in support of maintaining the current zoning.)
None.
Staff Recommendation:
Approval.
Attachments:
Proposed Subdivision Map
Zoning and Ownership Map
Ownership List
Southside Area Location Map
II:/PLN-DIR',ERMA\WORD\ZONRPTS',080003REpDOC
,$--
~00' 50' 0 50' 100'
GRAPNIC SCALE IN FEET
200'
172
,,.) ~
s)
R-IB
/
/
.- ,l
I'
JECT
R-IB
PARCE_
A-I
E,S
Jul 20. 2000 - RP
0 100 200 ~OO
CASE Z0800-03
/
" 25
/
' Property Owner in Favor
Property Owner Opposed
See Comments on Page(s) ~ ~
~ S~bject Vroperty
~ ~ners within 200 feet liste~ :~ ~ttoched ownershiD I~st
APPLICANT: JOHN BARRERA
P. O. BOX 270185 78427
1
Z0800-03 084700110013
SNYDER FRANCES TRUST
C/O BRYAN HOLMES
15302 BONASSE CT #103
CORPUS CHRISTI TX 78418
BOHEMIAN COLONY LANDS 114.483
ACS OUT OF LTS 12 5 & 6 SEC 1 I
95.766 ACS OUT OF LTS 3 & 4 SEC 12
& 34.91 ACS OUT OF LT 1 SEC I8.
130.676 ACS
4
Z0800-03 656700010100
HOMETOWN CONCEPTS rNC
450 N SAM HOUSTON PKWY #2
600 LEOPARD ST #1815
HOUSTON TX 77060
PENN PLACE S/D LTS 10, 12, 14, 15,
AND 22 BLK 1
7
Z0800-03 656700010190
REED JAMES MATTOX ETUX
MELINDA GAIL REED
7037 EMELIE CIRCLE
CORPUS CHRISTI TX 78414
PENN PLACE S/D LT 19 BLK 1
10
Z0800-03 ROW
TEXAS DEPT. OF TRANSPORTATION
1701 SOUTH PADRE ISLAND DR.
CORPUS CHRISTI. TEXAS 78416
Z0800-03
WILLIAM KRUMNOW
THE LAKES MASTER ASSN.
7502 VENICE DR.
CORPUS CHRISTL TEXAS 78413
OWNERSHIP LIST
CASE NO. 0800-03
REPRESENTATIVE:
ROSE W. FLOREE
MEDINA ENGINEERING
2434 SACKY DR. 78415
2
Z0800-03 656700010010
PENN PLACE L L C
600 LEOPARD ST #1815
CORPUS CHRISTI TX 78473
PENN PLACE S/D LTS 1.3.4, 5.6.7..
8. 9, 13. I6. 17, 20. 21. AND 24
BLOCK 1
3
Z0800-03 656700010020
WILLIA~MS DURRIELL L ETUX
AUNT)RAY WILLIAMS
7041 CARMER CIRCLE
CORPUS CHRISTI TX 78413
PEN~ PLACE S/D LT 2 BLK I
5
Z0800-03 656700010110
ORTIZ DANNY ET UX
NORAMI ORTIZ
7037 MERCER CIRCLE
CORPUS CHRISTI TX 78413
PENN PLACE S/D LT 11 BLK
6
Z0800-03 656700010180
ADVINCULA GEMMA Y AND
ETVIR DOMINGO E ADVINCULA
7041 EMELIE CIRCLE
CORPUS CHRISTI TX 78413
PENN PLACE S/D LT 18 BLK 1
8
Z0800-03 656700010230
RODRIGUEZ ARNOLD ET UX
RAMONA
7040 EMELIE CIRCLE
CORPUS CHRISTI TX 78413
PENN PLACE S/D LT 23 BLK I
SP
Z0800-03 084700110025
HARMAN ROBERT W
RT 1 BOX 22A
SANDIA TX 78383
BOHEMIAN COL LDS L.~DIV 2 6t
ACS OUT 7.68 AC TR OUT S PI LT 5
SEC 11
Z0800-03 969700010010
LEROY SAN MIGUEL
MAINTENANCE DEPT.
CORPUS CHRISTI I.S.D.
P. O. DRAWER 110
CORPUS CHRISTL TEXAS 78403
WILLOWICK SCHOOL TRACT LT 1
BLK 1
SP
Z0800-03 656700010250
CITY OF CORPUS CHRISTI
P. O. BOX 9277
CORPUS CHRISTL TEXAS 78469
174
175
COMMENTS RECEWED
FROM NOTICES MAILED
Case No. 0800-03
John Bagera
· Favor
X Opposed
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200~foot notification area:
Favor:
2) Penn Place L. L. C., 600 Leopard. Suite 1815
II.
Ill.
Opposition: None.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:\pLN-DH~\ERMA\WORD\COMMDA'['A\I)g004~3COM.DO('
176
Planning Commission Minutes
August 2, 2000
John Burrera: 0800-03
REQUEST:
"A-I' Apartment House District to "R-IC' One-family Dwelling District being 7.778 acres out of
Lot 5, Section 11. Bohemian Colony Lands and the north 411 feet of Lot 25, Block 1, Penn Place,
and located on the east side of Weber Road. approximately 220 feet north of Aaron Drive
Mr. Saidaria presented a slide illustration of the subject property. and the surrounding area. The subject
property is the last remaining undeveloped area zoned an "A-l" District. To the south and east, there are 41.61 acres
of land zoned an "R-I C" District that is predominantly developed with single-family residences and a public school.
To the north. there are over 2, 100 acres of land zoned an "R-IB" District of which the north end and the south end
are developed with single-famiIy residences and the middle remaining undeveloped.
The applicant requested a change of zoning to develop a 38-1ot single-family residential subdivision with
direct access to an arterial, Weber Road. The proposed subdivision is planned to be known as Royal Court. The
existing "A-i" District permits single-family development, but the developer woutd be required to install larger
infrastructure, wider streets, larger wastewater and water lines, commensurate with the more intense "A-I" District
permitted uses. The requested "R-1C" District would only require the typical residential streets, water and sewer
lines and at the same time prohibit single-family structures within the subdivision from being converted to multi-
family uses, i.e., apartment garages. The requested "R-I C' District would be an expansion of the abutting "R-IC"
District to the south and east.
The subject property. is located within the Southside Area Development which recommends the area to
develop with medium-density residential uses. As requested, the "R-1C" District is consistent with the Plan's
recommended land use. Therefore, Staff recommends approval of the rezoning request.
Chairman Berlanga opened the public hearing.
John Bagera, 4226 Valley Circle, applicant, stated that he was in favor of the zoning request.
Public hearing was closed.
Motion by Sween-McGloin. seconded by Zamora. to approve Staffs recommendation. Motion passed
unanimously.
177
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
APPLICANT'S REQUEST
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
JOHN BARRERA, BY CHANGING THE ZONING MAP IN REFERENCE
TO 7.778 ACRES OUT OF LOT 5, SECTION 11, BOHEMIAN COLONY
LANDS, FROM "A-I" APARTMENT HOUSE DISTRICT TO "R-1C"
ONE-FAMILY DWELLING DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of John Barrera, for amendment to the
zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 2, 2000, during a meeting of the Planning Commission, and on Tuesday,
September 12, 2000, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard: and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of 7.778 acre out of Lot 5, Section 11, Bohemian
Colony Lands, located on the east side of Weber Road, approximately 220 feet north of
Aaron Drive, from "A-1" Apartment House District to "R-1 C" One-family Dwelling District.
Metes and bounds description is attached as Exhibit A.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
\\C~TYHALL~2\USERS~LEG~D~R~VER~N~CA\DDCURTiS~1YD~CS~\P&~RD~\D~YLEC~Z~8~3a.d~c
178
/Z,
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) Finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 12th day of September, 2000.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 28, 2000
James R. Bray, Jr.
City Attorney
By: ~~~~
Senior Assistant City Attorney
\~C~TYHALL~2\USERS~LEG~D~R\VER~N~CA\DD~URT~`~YD~CS~2~\P&Z~RD~D~YLEC~8~A~D~C
State of Texas
County. of Nueces
FIELD NOTES for all that certain tract. piece or parcel of land being a tract of land
situated in Corpus Christi. Nueees County, Texas, south of Weber Road, west of Bratton
Road. comaining 7.778 acres of land. more or less, out of LOT FIVE (5), SECTION
ELEVEN (11), BOHEMIAN COLONY LA. NDS, a map of which is recorded in Volume
A. Page 48, of the Map Records of Nueces County, Texas. also including a proposed
portion of County Road No. 19, which will be closed in the future, said tract being more
particularly described by metes and bounds as follows, to-wit:
BEGLNNING at a 5/8 inch iron rod. set along the south Right-Of-Way line of Weber
Road. being the most westerly comer of said tract. and POINT OF BEGINNING.
THENCE N 29° 00' 00" E. for a distance of 146.26 feet. to a 5/8 inch iron rod, set for a
northerly comer of said tract. also being a point in the new westerly boundary. line of
Weber Road:
THENCE S 61° 32' 00" E, for a distance of 48.19 feet. to a 5/8 inch iron rod, found for
an inside comer of said tract:
THENCE N 29° 00' 00' E. along the present southerly boundary. line of the Right-of-
Way of said Weber Road. for a distance of 264.80 feet. to a 5/8 inch iron rod. set for the
most northerly comer of said tract:
THENCE S 61° 32' 00' E. ~br a distance of 805.30 t~et. to a 5/8 inch iron rod. found for
the most easterly comer of said tract:
THENCE S 28° 28' 00' W. for a distance of411.04 feet. to a 5/8 inch iron rod. found for
the most southerly comer of said tract:
THENCE N 61° 32' 00" W. tbr a distance of 857.32 feet. to the pOINT OF
BEGI~Nq'NG. containing 7 778 acres of land. more or less.
180
EXHIBIT
A
CITY COUNCIL
AGENDA MEMORANDUM
August21,2000
AGENDA ITEM:
Ordinance to amend City Code of Ordinance No. 12-32 by adding a "Slow, No
Wake" zone section for the Packery Channel area; providing for an effective
date: and providing for publication.
ISSUE:
Some of the Packery Channel residents have submitted a petition to the city
regarding their concerns about the speeding and noisy boat traffic in the Packery
Channel area and specifically in the vicinity of their residences that back up to
the channel. They are requesting that the city establish a "Slow, No Wake" zone
in that area to control these speeding activities on the water.
REQUIRED COUNCIL ACTION:
The establishment of a "Slow, No Wake" zone for the Packery Channel area
would require an ordinance to amend the existing city code that deals with "No
Wake" zones but does not include the Packery Channel area. The City Council
must amend the City Code in order to establish this new "Slow, No Wake" zone.
RECOMMENDATION:
None
ALTERNATIVES:
The City Council may choose not to amend the City Code of Ordinances to allow
for this "Slow, No Wake" zone.
BOARD/COMMll'I'EE REVIEW:
The Water/Shore Advisory Committee, at their July 6, 2000 meeting, voted
unanimously to recommend that the City Council consider amending the City
Code of Ordinances to allow for a "No Wake Zone" for the Packery Channel
area. The committee had taken this action in response to a petition that they had
received from some of the residents living in the Packery Channel area. The
petition called for city action as needed to help curb the speeding boats in that
area.
Marco A. Cisneros, Director,
Park and Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background information X
COntract Summary
Ordinance/Resolution X
Map(s) X
181
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The city has recently received complaints from many Packery Channel residents
about speeding boat traffic that is passing through the channel. These residents
have mentioned that they are concerned about swimmer safety, noisy traffic and
possible wake damage to their adjoining property. There are about 16
residences in that part of Packery Channel. They have petitioned to have the city
install "No Wake" buoys in the area to try and slow this traffic down. The
residents have expressed that the main offenders usually are using personal
watemraft and proceeding too close to the residences and boat docks in the
area.
The west side of the Island is already included in the ordinance section that deals
with "No Wake" zones. However, the Packery Channel area is not included in
the existing ordinance. Therefore, in order to make any changes in where "Slow,
No Wake" signs may be placed, the City Council must first change the existing
ordinance.
The Water/Shore Advisory Committee had a couple of residents that came to
their meeting and expressed their concern about the lack of a "No Wake" zone in
their area around Packery Channel. They specifically asked that the city
establish a "No Wake" zone from the Hwy. 361 Bridge to the farthest residence
bordering on Packery Channel in the area north of the bridge. The committee,
at their July 6, 2000 meeting, voted unanimously to recommend that the City
Council consider amending the City Code of Ordinances to allow for a "No Wake
Zone" for the area in question.
At the current time, the city does not have any enforcement capabilities utilizing
city resources on the water to enforce this ordinance. The city relies on the
Texas Parks and Wildlife Department staff and Coast Guard staff to enforce the
"No Wake" zone designation in all areas outside of the Corpus Christi Madna.
That is also why these entities have requested this ordinance change in the past.
It should also be noted that this ordinance amendment, if adopted, would need to
possibly be rescinded once the North Padre Island Storm Damage Reduction
and Environmental Restoration Project has been completed and opened for
operations. An open channel of that magnitude would not call for a "Slow, No
Wake" zone designation.
182
Packery Channel "Slow, No Wake" Zone
183
184
AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI CHAPTER 12, BOATS, BAYS AND WATERWAYS, ARTICLE I.
IN GENERAL, SECTION 12-32. NO WAKE ZONES, BY ADDING
PROVISIONS ESTABLISHING A NO WAKE ZONE ON THE ENTIRE
WIDTH OF PACKERY CHANNEL ADJOINING THE RESIDENTIAL
DEVELOPMENTS FRONTING PACKERY CHANNEL; PROVIDING FOR
SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 12 of the Code of Ordinances, Article I., Section 12-32. is amended to read
as follows:
Sec. 12-32. Slow, No ,~g.,, Wake zones.
(a) All man-made canals adjacent to and through residential developments and the entire
width of Packerv Channel adjoininR the residential developments fronting Packcry Channel shall be
designated "Slow, no N__gq wake Wake" zones.
(b) Thc speed li.dt in all man-madc canals adjaccnt to rcsidcntial dcvclopmc~ts shall bc four
(4) miles pet houx.
(b) "Slow. No Wake" means the operation of a watercraft at the slowest possible forward
speed necessary to maintain steeraRe and so as to create no breaking wave.
(c) No pctson shall exceed fore (4) miles per hour or ctcatc a wake in any .,an-n,adc canals
adjacent to ,csidc.tial developments.
'(c) It shall be unlawful for ant' verson to operate a watercraft in a "Slow. No Wake" zone at
any speed in excess of the slowest possible forward speed necessary to maintain steeraRe or at a
speed which creates a breakinR ~vave.
(d) Any property owners association or group of property owners associated with th___e
residential developments adjacent to and throueh the such man-made canals adjacent to residential
dcvclop.~cnts may purchase. install. and must maintain, buoys upon which arc posted the no wake
zonc notices, and/or the four (4) mile per hour spccd limit land based "Slow. No Wake" signs on
each side of the man-made canal where the "Slow. No Wake" zone begins. The location, size, and
Bmord00 115
185
wordin~ of the land based signs must be coordinated with the Citv's Park and Recreation
Department.
(c) Thc placcmcnt and typc of any such no wakc buoy must bc coordinatcd with and
approvcd by thc city's park and recreation dcpartmcnt prior to installation.
(el Any property owners association or ~roup of property owners residing beside the "Slow,
No Wake" zone in Packerr Channel mav vurchase, install. and must maintain "Slow, No Wake"
signs on land at each of the four comers of the "Slow, No Wake" zone. The location, size, and
wording of the land based siens must be coordinated with the Citv's Park and Recreation Devartment
and any other local ~ovemmental authorities.
(~ No one may be cited for a violation of subsection (c) of this section unless the land based
"Slow. No Wake" signs are installed in accordance with subsection (d) of this section in the case of
man-made canals adi acent to and through residential developments and subsection (el of this section
in the case of Packerv Charmel.
(g) Any propert',' owners association or groul~ of property owners residin~ adjacent to the
"Slow. No Wake" zones described in subsection (a) of this section, may purchase, install and must
maintain buoys upon which may be posted a "Slow, No Wake" notice. The placement and tvl~e of
such "Slow, No Wake" buoys must be coordinated with the Citv's Park and Recreation Department.
(hi Any vroperc¢ owners association or group of property owners intending to install "Slow,
No Wake" buoys in a navi~,able water way must comply with all federal regulations re~,ardin~ United
States Coast Guard permission prior to the installation of the buovs.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for
its purpose.
SECTION 3. Section 1 of this ordinance is effective upon final adoption by the City Council.
SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi.
Bmord00 115
186
AGENDA MEMORANDUM
September 8, 2000
AGENDA ITEM:
A. Ordinance amending Ordinance 024188, which ordered a special election on
November 7, 2000 on questions of authorizing obligations of the City supported by ad
valorera taxes and authorizing a sales and use tax pursuant to Section 4A of Article
5190.6, Vemon's Texas Civil Statutes.
B. Resolution finding that it is advisable that the Corpus Chdsti Business and Job
Development Corporation be created pursuant to Section 4A of the Development
Corporation Act of 1979, approving Articles of Corporation for the Corporation, and
specifying the public purpose which the Corporation may further on behalf of the City of
Corpus Chdsti.
Issue:
Item A provides Council the final opportunity to consider any amendment to the
election ordinance including provisions related to the creation of the 4A sales tax
increment and the restrictions placed on the expenditures of those funds.
Discussions related to the use of the economical development sales tax
increment at the Council meeting of August 29 indicates some further
consideration may be warranted. Given the impending deadline for final action,
this item has been placed on the agenda to facilitate closure of this issue.
A resolution authorizing the creation of the Corpus Christi Business and Job
Development Corporation under Section 4A of the Development Corporation Act
of 1979 including approval of the Articles of Incorporation and the appointment of
the initial 5 member Board of Directors.
The City Council has authorized the submission of three 1/8 cent sales tax propositions
to the voters in November. In order to implement any of the 1/8 cent sales tax
propositions that are approved, the City must create a non-profit corporation in
accordance with state law ( a "4A Corporation") to implement all of the programs and/or
projects approved. This action proposes to take the first step in creating the corporation.
In accordance with the provisions of the statute and pdor discussion, the board would
consist of 5 members serving one year terms. The attached Articles of Incorporation
were presented to City Council on August 29. Pursuant to that discussion, the term of
Directors has been changed to coincide with the end of the fiscal year, July 31.
Prior Council Action:
April 4, 2000 - Council held a discussion on the creation of 4A and 4B Corporations.
June 27, 2000 -, Council approved the outline of the economic development program to
be implemented with the proposed 1/8 cent sales tax for economic development.
187
July 18 and 25, 2000 - City Council adopted an ordinance calling a special election for
November 7 at which three 1/8 cent sales tax propositions would be considered. '
August 29, 2000 - Council was presented the proposed by-laws and authorized
proceeding with formal consideration at its next meeting.
Required Council Action:
Creation of a 4 A Corporation is a requirement for implementation of the sales tax items.
The timing of creation of the corporation is a policy decision. Past Council discussion
indicated a desire on Council's part to proceed with the creation of the corporetion prior
to the election.
Staff Recommendation:
Council direction on any final changes to the election ordinance is necessary. It is
further recommended that Council approve the attached Resolution which includes
approval of Articles of Incorporation. That action also requires that Council appoint the
initial 5 member Board of Directors.
~nager
188
RESOLUTION
FINDING THAT IT IS ADVISABLE THAT THE CORPUS CHRISTI
BUSINESS AND JOB DEVELOPMENT CORPORATION BE CREATED
PURSUANT TO SECTION 4A OF THE DEVELOPMENT CORPORATION
ACT OF 1979, APPROVING ARTICLES OF CORPORATION FOR THE
CORPORATION, AND SPECIFYING THE PUBLIC PURPOSES WHICH
THE CORPORATION MAY FURTHER ON BEHALF OF THE CITY OF
CORPUS CHRISTI
WHEREAS, it is proposed to create the Corpus Christi Business and Job Development
Corporation (the "Corporation") pursuant to Section 4A of the Development Corporation Act of
1979 (the "Act") to act on behalf of the City of Corpus Christi, Texas (the "City"); and
WHEREAS, proposed Articles of Incorporation to be used in organizing the Corporation,
a true copy of which articles are attached hereto as Exhibit 1 and incorporated herein, have been
developed in accordance with the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council finds and determines that it is advisable that the Corpus
Christi Business and Job Development Corporation be authorized and created under Section 4A of
the Act and approves the Articles of Incorporation as set forth in Exhibit 1, which exhibit is made
part of this Resolution for all purposes.
SECTION 2. The public purposes of the City which the Corporation may further on behalf
of the City shall be those specified in Article Four of said Articles of Incorporation, which purposes
are found to be public purposes authorized by Section 4A of the Act.
ATTEST:
Armando Chapa
City Secretary
APPROVED THIS THE 5 DAY OF
James R. Bray, Jr., City Attorney
0JRB0502.018
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
189
ARTICLES OF INCORPORATION
OF
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI §
WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom
is at least 18 years of age, and each of whom is a qualified elector of the City of the City of Corpus
Christi, Texas (the "City"), which is a duly established City under the Texas Constitution, acting as
incorporators of a public insmentality and nonprofit development corporation (the "Corporation")
under the "Development Corporation Act of 1979", as amended, do hereby adopt the following
Articles of Incorporation for the Corporation:
ARTICLE ONE
NAME
The name of the Corporation is "Corpus Christi Business and Job Development
Corporation."
ARTICLE TWO
AUTHORIZATION
The Corporation is a nonprofit corporation under the Texas Non-Profit Corporation Act,
Article 1396-1.01, et seq., Tex. Rev. Civ. Stats. Ann., as amended (the "Non-Profit Act"), and a
corporation under the Development Corporation Act of 1979, Article 5190.6 Tex. Rev. Civ. Stats.
Ann. (the "Act"), and shall be govemed by Section 4A of said Act, as now existing or as may be
amended.
ARTICLE THREE
DURATION
The period of duration of the Corporation shall be the same as the period of the sales tax
approved by the voters of Corpus Ch,risti.
ARTICLE FOUR
PURPOSE AND LIMITATIONS
4ACORPARTS
190
The Corporation is organized exclusively for the purposes ofbene~ting and accomplishing
public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects
authorized through Propositions 4, 5, ancl 6 on the election ballot for November 7, 2000 as described
in Section 7 of the City's Ordinance No. 024121 (July 25, 2000), as mended, if and as approved by
the voters of Corpus Christi on November 7, 2000. Monies maintained in the separate fund for
Proposition No. 6 shall be expended only to attract and secure facilities and employers who
contractually agree: 1) to add new facilities or expand existing facilities in Corpus Christi, and 2)
to permanently hire or maintain employees in Corpus Christi. Criteria shall be developed by the
Corporation, subject to approval of the Corpus Christi City Council, to assure that employers
assisted with said funds meet said requirements for facilities and employees, and such criteria shall
include provision for repayment of incentives and/or economic sanctions for failure to meet the
criteria. Further, monies maintained in the separate fund for Proposition No. 6 shall never be used
for projects associated with the dredging of Packcry Channel or for the projects proposed to be
authorized in Propositions 4 and 5 of Section 7 of Ordinance No. 024121. With respect to said
projects as may be approved by the voters, the corporation shall have all the powers of a corporation
under Section 4A of the Act, and all actions of the Corporation relating to projects and its activities
in general shall be taken in accordance with the provisions of the Act.
ARTICLE FIVE
NO MEMBERS; NONSTOCK CORPORATION
The Corporation has no members and is a nonstock corporation.
ARTICLE SIX
SALES TAX
Upon receipt from the City of the proceeds of the sales and use tax imposed under Section
4A of the Act, the Corporation may use the proceeds as permitted hereby and by the Act as now
existing or as may be mended.
ARTICLE SEVEN
AMENDMENT
These Articles of Incorporation may be amended in accordance with the requirements of the
Act.
ARTICLE EIGHT
REGISTERED ADDRESS/AGENT
The address of the initial registered office of the Corporation is Corpus Christi Development
Corporalion, City Hall, Corpus Christi, Texas 78401-2825 and the name of its initial registered agent
at such address is Armando Chapa, City Secretary, City of Corpus Christi, or his Successor.
4ACORPARTS 2
191
ARTICLE NINE
BOARD OF DIRECTORS
(a) The affairs of the Corporation shall be managed by a board of directors which shall
be composed of five persons appointed by the City Council of the City. The term of the directors
shall be one year, expiring on July 3 1 of each year. Directors may be appointed to succeed
themselves. No Director may serve longgr than six years consecutively, unless such service is
required to complete an unexpired term. Each director must be a resident of the City.
(b) The names and street addresses of the p6rsorls who are to serve as the initial directors
and the dates of expiration of their initial terms as directors, are as follows:
NAMES ADDRESSES
Each director is, and must be, a qualified elector of the City. Each director, including the initial
directors, shall be eligible for reappointment. Each director shall serve until a successor is
appointed. Directors are removable by the City Council at any time without cause.
(c) The directors shall serve without compensation, but they may be reimbursed for their
actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on
the board of directors shall be filled by appointment by the City Council of a person who shall hold
office until the expiration of the term.
(d) The board of directors shall elect a president, vice-president, secretary and any other
officers that the City Council considers necessary, to serve as executive officers of the Corporation,
as more specifically provided in the Corporation's By-laws. The term of each officer's office shall
expire on July 31 of each year. The City Manager shall serve as executive director of the
Corporation and the City Secretary shall serve as assistant secretary, to provide administrative
support services for the corporation.
4ACORPARTS 3
192
(e) The board shall conduct all meetings within the boundaries of the City. Meetings of
the board of directors are subject to the Texas Open Meetings Act and the Texas Open Records Act.
· ARTICLE TEN
INCORPORATORS
The name and street address of each incorporator are:
NAME
David R. Garcia
George K. Noe
Jorge Garza
ADDRESS
City of Corpus Christi, City Hall, 1201
Leopard, Corpus Christi, Texas 78401-2825
City of Corpus Christi, City Hall, 1201
Leopard, Corpus Christi, Texas 78401-2825
City of Corpus Christi, City Hall, 1201
Leopard, Corpus Christi, Texas 78401-2825
ARTICLE ELEVEN
CITY COUNCIL APPROVAL
The City has specifically authorized the Corporation by Resolution (which is attached as
Exhibit A and made part of these Articles for all purposes) to act on its behalf to further the public
purposes stated in said Resolution and in these Articles of Incorporation, and the City has by said
Resolution approved these Articles of Incorporation.
ARTICLE TWELVE
DIVIDENDS; PROHIBITED ACTIVITIES
No dividends shall ever be paid by the Corporation, and no part of its net earnings (beyond
that necessary for retirement of the indebtedness of the Corporation or to implement its public
purposes) shall be distributed to or inure to the benefit of its directors or officers or any private
person, firm, corporation or association except in reasonable amounts for services rendered.
Regardless of any other provisions of these Articles or the laws of the State of Texas, the
Corporation shall not: (1) permit any part of the net earnings of the Corporation to inure to the
benefit of any private individual (except that reasonable compensation may be paid for personal
services rendered to or for the Corporation affecting one or more of its purposes); (2) carry on
propaganda, or otherwise attempt to influence legislation; (3) participate in, or intervene in
(including the publication or distribution of statements) any political campaign on behalf of any
candidate for public office; or (4) attempt to influence the outcome of any specific public election
or to carry on, directly or indirectly, any voter registration drives.
ARTICLE THIRTEEN
RElVIEDY UPON DETERMINATION OF FOUNDATION STATUS
If the Corporation is ever determined to be a private foundation within the meaning of Section
5.09(a) of the Intemal Revenue Code of 1986, as amended (the "Code"), the Corporation:
4ACORPARTS
(1)
shall distribute its income for each taxable year at such time and in such manner as
not to become subject to the tax on undisaibuted income imposed by Section 4942
of the Code;
shall not engage in any act of self-dealing as defined in Section 4941(d) of the Code;
shall not retain any excess business holdings as defined in Section 4943(c) of the
Code;
shall not make any investments in such manner as to subject it to tax under Section
4944 of the Code; and
shall not make any taxable expenditures as defined in Section 4945(d) of the Code.
ARTICLE FOURTEEN
DISSOLUTION
If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any
funds or property of any kind, real, personal or mixed, such timds or property or rights thereto shall
not be transferred to private ownership, but shall be transferred and delivered to the City after
satisfaction or provision for satisfaction of debts and claims.
David R. Garcia
George K. Noe
Jorge Garza
INCORPORATORS
5
4ACORPARTS 194
THE STATE OF TEXAS §
COUNTY OF __ §
I, the undersigned, a Notary Public, do hereby certify that on' this day of ., ~
personally appeared David R. Garcia, George K. Noe, and Jorge Garza, who, each being by me first
duly sworn, severally declared that they are the persons who signed the foregoing documents as
incorporators, and that the statements therein contained are tree.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the day and year
above written.
Notary Public in and for
The State of Texas
Notary Name Typed or Printed
My Commission Expires:
4ACORPARTS
695
CORPUS CFrRISTI BUSINE, SS AND JOB DEVEI ,OPMY..NT CORPORATION -
The Board of Directors shall consist of five (5) persons. The term of the directors
shall be one year, expiring on July 31 of each year.
COMPOSITION
The affairs of the Corporation shall be m~naSed by a board of directors which sl~ll be
composed of five par-~ons appo~ted by ~e Ci~ Co~cil. ~e t~ of ~ ~cto~ ~
~ O~C y~, C~ O~ J~y 31 of ~h y~. D~cto~ may be ~d m ~c~
~em~elves. No D~or may sere longer ,ban s~ ym com~vely, ~ess suCh
s~cc ~ r~cd to complete ~ ~ win. E~h ~r mm ~ a ~Mdcnt of ~e
Ci~. ~h ~ec~r is, ~d m~ be, a qg~ elec~r of ~e Ci~. ~h ~or,
~cluding ~e ~ ~e~o~, ~ be eli~ble for ~ppo~ent ~h ~or s~
s~e ~ffi a successor is ~po~t~ D~E ~ noble by Ci~ Co~c~ at ~y 6me
~out ~e. ~y va~cy ~ on ~e bo~ of ~ ~ be ~ed by
a~cnt by ~e Ci~ Co~cil of a pmon who s~l hold offi~ ~ ~e e~on of
· e ten. ~e Ci~ M~ s~ sere ~ ex~u~ve ~tor of~ Co~on ~d ~c
CiW Sec~ s~l sere ~ ~t sectS, to pro~de ~mln~ve
s~ces for ~e co~omfion. ~e p~od of d~on of ~e Co~om~on ~ bc ~e ~c
~ ~e period of~c ~es ~ ap~v~ by ~e voteE of Co~ C~.
INDIVIDUALS EXPRESSING II~'rEREST
Joe Atlcin~on
BanPAng Executive, Wells Fargo Bank, Background in
Finance, Investment and Business Development. Member
of Corpus Christi Hispanic Chamber of Commerce, Gulf
Coast Humane Society, Minority Business Opportunity
Committee Board, Hispanic Contractors Association and
the Westside Business Association. (8-24..00)
Dr. Rosalinda Bonilla
Supervisor of Students, Texas A&M - Corpus Christi.
Doctorate of Education in Bilingual Education; M.S. in
Guidance and Counseling. Member of PTAs for Ray High
School and Baker Middle School, CCISD Strategic Goals
CommiRee, CCISD Foundation Board of Education, South
Texas Art Institute Board, Hispanic Women's Network of
Texas and the Corpus Christi Hispanic Chamber of
Commerce. (8-24-00)
Robert Broadway
Controller and Refinery Services Manager, Valew Refining
Company. Graduate of University of Corpus Christi with
major studies in History. Past president, current member of
Executive Committee and Board of Governors for the
United Way of the Coastal Bend. Formcling Chairman of
the Coastal Bend Workforce Development Board. Member
of City's Board of Adjustment. Chairman Elect of the
YMCA. (8-28-00)
1
196
G-~H~upe Gomez
Gloria Perez
John M. Richards
Wilfi~do "Willie" Riven
President, The Laredo National Bank, Corpus Christi.
B.B.A. in Finance, CCSU. Member of the Corpus Christi
Hispanic Chamber of Commerce, Westside Business
Association, Gulf Coast Council of La 1~, the City's
.Senior Community Services Advisory Committee and the
Selena Foundation. (8-24-00)
Manager of Sales Service Center, Southwestern Bell.
Owner/President of Coastal Bend Chem-Dry, Chem-Dry of
Kingsvilie and Cornerstone Building Services.
ChairwoIllan of the Hispanic Chamber of Commerce.
Member of the United Way, Goodwill Industries Board,
South Texas Institute for the Arts, Juvenile Diabetes
Founa~t~on Te~m Chair and the City's Ethics Commission
(~-24-~)
Dean Emeritus of the College of Business, Texas A&M-
Corpus Christi. Ph.D. in Economics from Louisiana State
Univenity. Member and Vice-Ch31v of the Board of
Trustees of the Nueces County Mental Health and Mental
Retardation Center. Former Chairman (15 years) of the
Economic Outlook Board of the Chamber of Commerce.
(9-06-00)
Principal & Project Ev~neer, Naismith Engineering, Inc.
B.S. in Civil Rn~neering, Texas A&I University. Licensed
Professional Engineer and Certified Deputy Registrar.
Member of Hispanic Chamber of Commerce, Young
Pwfessionals Club and Coastal Bend Minority Business
Council. Volunteer with Ray High School Mentoring
Pwgram. Leadership Corpus Christi alLLmn'i~ Class 2{].
(8-24-00)
2
197
AGENDA MEMORANDUM
D~- August 3 ], 2000
Resolution amending the Inve~uen~ Policy to provide maximum amounts that may be
invested in the Local Govemmm lnveatmem Coopetative and the TexasLocal Govea'nme~
Investram Public Funds ~ Pools, and adol~ng the City ~ Policy, as
Resolution authorizing participation in the Local Government Inve~men~ Cooperative and
designating authorized representatives.
Issue= ~ inv~.ent alternatives allows the City broader investment options at comp~a~e
ra~es with minimal risk extnsu~ Currently, aui-party repurchsing agreemem is the only ovemiSht,
liquid hveaiuan used by the Ci~, all othff ~ consist of Sove~ment and agency secm'ities.
The Investment Commit_pc_- recoln/Betlds the City Colmoil adopt Loctd Govefllmeslt Investnle~
cooperative (LOGIC) and Texas Local Government Investmint Pool (TEXPOOL) not to exceed
$25,000,000 h either pool and adopt the Inve,a, uent Policy, as amended.
Required Council Action: The Public Funds Inv~-ent Act requires that the 8overning body
formslly adopt participation in investment pooh and ~n,s~4n,,~s to the City's Inve~.ent Policy,
including annual adoption of the Investram Policy.
Future Coimcii Action: None.
Recommendatlo.,: Staff recommevxls that the City Council approve the three Resolutions.
Attacl~m~t~: Baclq~round Information
LOGIC Resolution
TEXPO OL Resolution
Invealmem Policy Resolution
199
BACKGROUND INFORMATION
Local governmere investment pools have been a common investmint option for governmental entities
for the past ten years. The two largest inve~talent pooh in Texas are Texas Local Government
Investmere Pool (TEXPOOL) and Local Govffnme~ Inveaiment Cooperative (LOGIC). These
pools are managed by third parties.
Estabfishm~nt of Pool In Teyaq
The Public Funds Investm~ Act of 1989 establi~ed pooh in Texas and the City !~artidpated in
TEXPOOL from 1991 through 1994. In 1994, the City withdrew since TEXPOOL ddd not have
specific griddines mtdrusing when it would sell g~u, ilk, where market values dropped si~itlcantly
below their book vidues. TEXPOO L liq~rls~t,.d the derivative securities which in retrospect were
imaest ~t_~ 8rea~y affectiz~ the mark~ vslues ofTEXPOOL' s porffofio (as it did all porffofios at
that time), which lead to TEXPOOL receiving unfavorable press reports at that time due m the
Te~ns L~slnmre Addressed Safety Cone~'rn
In 1995, the Texas Legislature addressed the market value safety issue to protect governmental
participation in pooh. The Legislature instituted a control that required the sale of securities when
the portfolio value fell below $99.50 or rose above $100.50.
With the implementation of this new safeguard in 1995, the City has tonitoted the perfonna:w~ of
TEXPOOL and LOGIC forthe past five years. Staffbelieves these two inv~nt pooh have been
very safe investments for thi.~ five year period and recommends that the City participate up to
$25,000,000 in each pool.
200
A RESOLUTION
AMENDING THE CITY INVESTMENT POLICY TO PROVIDE MAXIMUM
AMOUNTS THAT MAY BE INVESTED IN THE LOCAL GOVERNMENT
INVESTMENT COOPERATIVE AND THE TEXAS LOCAL GOVERNMENT
INVESTMENT PUBLIC FUNDS INVESTMENT POOLS; AND ADOPTING
THE CITY INVESTMENT POLICY AS AMENDED.
WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No.
022390 on October 24, 1995, amended in Resolution No. 022980 on July 8, 1997; amended in
Resolution No. 023133 on November 18, 1997; amended in Resolution No. 023472 on October 27,
1998; and amended in Resolution No. 023864 on December 14, 1999;
WHEREAS, the City of Corpus Christi Investment Committee reviewed the proposed
amenchnents to the Investment Policy identified herein and recommends that the City Council amend
the City Investment Policy;
WHEREAS, as provided in Section II. C. of the Investment Policy, the City Council must
revie~v the Investment Policy on or before December 31 of each year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. Section V.4 of the City Investment Policy is hereby amended to add the
following:
No more than $25,000,000 may be invested at any time in the Local Government
Investment Pool public funds investment pool.
No more than $25,000,000 may be invested at any time in the Texas Local
Government Investment Pool public funds investment pool.
SECTION 2. The City Investment Policy is adopted as amended. A copy of the mended
City Investment Policy is attached and incorporated as Exhibit I.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Approved this the 1 ~ day of
James R. Bray, Jr., City Attorney
Lis~a~g~,il~//~
Assistant City Attorney
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
· 2000.
H:\LEG-DIR\VERONICA\LISA\RES\RES.O I 9 2 0 1
RESOLUTION
AUTHORIZING PARTICIPATION IN TEXPOOL AND
DESIGNATING AUTHORIZED REPRESENTATIVES
WHEREAS, the City of Corpus Christi ("City") is a local government of the State of Texas
and is empowered to delegate to a public funds investment pool the authority to invest funds and to
act as custodian of investments purchased with local investment funds; and
WHEREAS, it is in the best interest of the City to invest local funds in investments that
provide for the preservation and safety of principal, liquidity, and yield consistent with the Public
Funds Investment Act; and
WHEREAS, the Texas Local Governmere Investment Pool CTexPool"), a public funds
investment pool, ~vas created on behalf of entities whose investment objectives in order of priority
are preservation and safety of principal, liquidity, and yield consistent with the Public Funds
investment Act.
NOW THEREFORE, be it resolved as follows:
That the City Manager is authorized to execute a Participation Agreement to establish
an account in the name of the City of Corpus Christi in TexPool, for the purpose of
transmitting local funds for investment in TexPool.
That the individuals, whose signatures appear in this Resolution, are authorized
representatives of the City and are each hereby authorized to transmit funds for
investment in TexPool and are each further authorized to withdraw funds from time
to time, to issue letters of instruction, and to take all other actions deemed necessary
or appropriate for the investment of local funds.
List of authorized representatives of the City. These individuals will be issued P.I.N.
numbers.
Nume Dorothea Montoya Title
Signature
Name David Hedberg Title
Signature
H :~LEC~DIR\VERONICA\LISA\ORD2\ORD2.167
City Treasurer
Investment Analyst
202
Name Audre Debler Title Chief Accountant
Signature
List the name of the Authorized Representative provided above that will have
primary. responsibility for performing transactions and receiving confirmations and
monthly statements under the Participation Agreement.
NalTle
Dorothea Montoya
That this resolution and its authorization shall continue in full force and effect until
amended or revoked by the City, and until TexPool receives a copy of any such
amendment or revocation.
ATI'EST:
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
Legal form approved tgh,he.M--'d' 1"4 ,2000; James R. Bray, Jr., City Attorney
By:
Lisa Aguitar..~ssistant City Attorney
H:\LEG-DIR\VERONICA\LISAIORD2\ORD2.167
203
Texas Local Government Investment Pool
Participation Agreement
PREAMBLE
This participation agreement (the "Agreement") is made and entered into by and between the
Comptroller of Public Accounts (the "Comptruller'), acting by and on behalf of the Texas Treasury Safekeeping
Trust Company (the "Trust Company~), Trustee of the Texas Local Government Investment Pool (TexPool). and
the City of CorDus Christi, Tens (the'Participant').
WHEREAS, the Interlocal Cooperation Act, TEX GOV'T CODE ANN. ch. 191 and TEX. GOV'T
CODE ANN. ch. 2256 (the "Acts") provide for the creation of public funds investment pools to which any local
government may delegate, by contract. the authority to hold legal title as custodian and to make investmen*-
purchased with local investment funds:
WHEREAS. the Trust Company is a limited purpose trust company authorized pursuant to TEX. GOV'T
CODE ANN. § 404.103 to receive, transfer and disburse money and securities belonging to state agencies and
locat political subdivisions of the state and for which the Comptroller is the sole officer. director and shareholder;
WHEREAS. TexPool is a public funds investment pool. which funds are invested in certain eligible
investments as more fully described hereafter:
WHEREAS; the Participant has determined that it is authorized under the Acts and other applicable law
to enter into this Agreement; and
WHEREAS. in an effort to ensure the continued availability of an investment pool as a vehicle for
investment of local government funds and simultaneously provide for potential enhancement in services and
potential decreases in management and administrative fees. Participant and Trust Company desire to provide in
this Agreement for the Trust Company to obtain professional private management services and/or a potential
assignment of the Trust Company's managerial obligations relative to Texpool.
NOW THEREFORE. for and in consideration of the mutual promises, convenants and agreements heroin
contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree with each other
as follows:
Page 1
204
ARTICLE I.
DEFINITIONS
"Account" shall mean any account or accounts, including any sub accounts, established by the Participant in
TexPool in accordance with this Agreement and the Operating Procedures (as defined heroin), which Account
represents an undivided beneficial ownership in TexPool.
"Authorized Investments" shall mean those investments which are authorized by the Investment Act (as herein
defined) for investment of public funds.
"Authorized Representative(s) of the Participant" shall mean any individual who is authorized to execute
documents and take such other necessary actions under this Agreement as evidenced by the duly enacted
Resolution of the Participant.
'Authorized Representative(s) of the Trust Company" shall mean any employee of the Comptroller who is
designated in writing by the Comptroller to act as the authnrized Trust Company representative for purposes of
the Agreement and shall include employees of any private entity performing the obligations of the Comptroller
under this Agreement.
"Board" shall mean the advisory board provided for in the Investment Act {as defined below).
"Investment Act" shall mean the Public Funds Investment Act, TEX. GOV'T CODE ANN. ch. 2256, as
amended from time to time.
'Investment Policy" shall mean the written TexPool Investment Policy, as amended from time to time, relating
to the investment and management of funds in TexPool as established by the Trust Company consistent with the
Investment Act.
"Letter of Instruction" shall mean a written authorization and direction to the Trust Company signed by an
Authorized Representative of the Participant.
~Operating Procedures" shall mean the written procedures established by the Trust Company describing the
management and operation of TexPool, and providing for the establishment of, deposits to and withdrawals from
the Accounts, as amended from time to time.
'Participant" shall mean any entity authorized by the Acts to participate in a public funds investment pool that
has executed an Agreement pursuant to a Resolution.
"Resolution" shall mean the resolution adopted by the governing body of a local governmental entity authorizing
that entity participation in TexPool and designating persons to serve as Authorized Representatives of the
Participant.
Page 2
205
ARTICLE II.
GENERAL ADMINISTRATION
Section 2.01. TexPool Defined.
(a) TexPool is a public funds investment pool created pursuant to the Acts.
(b) Subject to Section 6.10. the Trust Company agrees to manage the Participant's Account in accordance with
the Investment Act and the Investment Policy.
Section 2.02. Board.
(a) The Board is composed of members appointed pursuant to the requirements of the Investment Act.
(b) The Board shall advise the Trust Company on the Investment Policy and on various other matters affecting
TexPool. and shall approve fee increases.
Section 2.03, General Administration.
(a) The Trust Company shall establish and maintain the Investment Policy specifically identifying the
Authorized Investments consistent with the Investment Act and the general policy and investment goals for
TexPool.
(b) The Trust Company shall establish and maintain the Operating Procedures, describing the management and--
operation of TexPool and providing for procedures to be followed for the establishment of. deposits to, a:
withdrawals from the Accounts and such other matters as are necessary to carry out the intent of
Agreement.
(c) The Trust Company shall have the power to take any action necessary to carry out the purposes of this
Agreement, subject to applicable law and the terms of the Agreement.
Section 2.04. Ownership Interest. Each Participant shall own an undivided beneficial interest in the assets of
TexPool in an amount proportional to the total amount of such Participant's Accounts relative to the total amount
of all Participants' Accounts in TexPool, computed on a daily basis.
Section 2.05. Independent Audit. TexPool is subject to annual review by an independent auditor consistent
with the Investment Act. In addition. reviews of TexPool may be conducted by the State Auditor's Office and by
the Internal Auditor of the Comptroller's office. The Trust Company may obtain such legal, accounting.
financial or other professional services as it deems necessary or appropriate to assist TexPool in meeting its goals
and objectives.
Section 2.06. Liability. Any liability of the Comptroller, the Comptroller's office, the Trust Company,
representatives or agents of the Trust Company. any Comptroller employee. or any member of the Board for any
loss, damage or claim, including losses from investments and transfers, to the Participant shall be limited to the
full extent allowed by applicable laws. The Trust Company's responsibilities hereunder are limited to the
management and investment of TexPool and the providing of reports and information herein required.
Page 3
206
ARTICLE III.
PARTICIPATION REQUIREMENTS
Section 3.01. The Participation Agreement. The Participant must execute this Agreement and provide a
Resolution authorizing participation in TexPool and designating persons to serve as Authorized Representatives
of the Participant and any other documents as are required under, and substantially in the form prescribed by, the
Operating Procedures before depositing any funds into TexPool.
Section 3.02. Operating Procedures
(a) The Participant acknowledge receipt of a copy of the Operating Procedures. The Operating Procedures
describe in detail the procedures required for the establishment of accounts, deposits to and withdrawals from
TexPool, and related information.
(b) The Operating Procedures may be modified by the Trust Company as appropriate to remain consistent with
established banking practices and capabilities and when such modification is deemed necessary to improve
the operation of TexPool.
(c) The Participant hereby concurs with and agrees to abide by the Operating Procedures.
ARTICLE IV.
INVESTMENTS
Section 4.01. Investments. All monies held in TexPool shall be invested and reinvested by the Trust Company
or Authorized Representatives of the Trust Company only in Authorized Investments in accordance with the
Agreement, the Investment Policy and the Investment Act. Participant hereby concurs with any such investment
so made by the Trust Company. TexPool's available funds that are uninvested may be held at the Trust
Company's account at the Federal Reserve Bank of Dallas or any designated custodian account. All investment
assets and collateral will be in the possession of the Trust Company and held in its book-entry safekeeping
account at the Federal Reserve Bank or any designated custodian account.
Section 4.02. Failed Investment Transaction. In the extraordinary event that a purchase of securities results in
a failed settlement, any resulting uninvested funds shall remain in the Trust Company's Federal Bank of Dallas
account or any designated custodian account. If an alternative investment can be secured after the failure of the
trade to settle, TexPool will receive all the income earnings. including but not limited to, any compensation from
the purchaser failing in the trade and the interest income from the alternative investment.
Section 4.03. Investment Earnings and Losses Allocation. All interest earnings in TexPool will be valued
daily and credited to the Participant's Accounts monthly, on a pro rata allocation basis. All losses, if any,
resulting from the investment of monies in TexPool shall also be allocated on a pro rata allocation basis. All
earnings and losses will be allocated to the Participant's Accounts in accordance with generally accepted
accounting procedures.
Section 4.04. Commingling of Accounts. Participant agrees that monies deposited in TexPool may be
cornmingled with all other monies held in TexPool for purposes of common investment and operational
efficiency. However, each Participant will have separate Accounts on the books and records of TexPool, as
further provided for in the Operating Procedures.
Page 4
207
ARTICLE V.
FEES. EXPENSES AND REPORTS
Section 5.01. Fees and Expenses. The Participant agrees to pay the amount set forth in the fee schedule.
Participant agrees that all fees shall be directly and automatically assessed and charged against the Participant's
Accounts. The basic service fee shall be calculated as a reduction in the daily income earned, thus only the net
income shall be credited to the Participant's Account. Fees for special services shall be charged to each
Participant's account as they are incurred or performed. A schedule of fees shall be provided to the Participant
annually. Each Participant will be notified thirty (30) days prior to the effective date of any change in the fee
schedule.
Section 5.02. Reports. A monthly statement will be mailed to the Participant within the first five (5} business
days of the succeeding month. The monthly statement shall include a detailed listing of the balance in the
Participant's Accounts as of the date of the statement; all account activity. including deposits and withdrawals;
the daily and monthly yield information: and any special fees and expenses charged. Additionally, copies of the
Participant's reports in physical or computer form will be maintained for a minimum of three prior fiscal years.
All records shall be available for inspection at all reasonable hours of the business day and under reasonable
conditions.
Section 5.03. Confidentiality. The Trust Company and any private entity acting on behalf of the Trust
Company for purposes of this Agreement will maintain the confidentiality of the Participant's Accounts. subject
to the Public Information Act, TEX GOV'T CODE ANN. ch. 552, as amended.
ARTICLE VI.
MISCELLANEOUS
Section 6.01. Notices. Any notices, Letters of Instructions or other information required or permitted to be
given hereunder shall be submitted in writing and shall be deemed duly given when deposited in the U.S. mail
postage prepaid or successfully transmitted via facsimile addressed to the parties as follows:
To the Participant.
Participant Name: Dorothea Montoya, City Treasurer
Address: P.O. Box 9277
City. State, Zip: CorDus Christi, Texas 78469-9277
Telephone: (36.!) 880-3650 Fax: (361) 880-3601
To Trust Company with respect to contractual matters or disputes under this Agreement:
-Texas Treasury Safekeeping Trust Company
Attn: TexPool
P.O. Box 12608
Austin, TX 78711-2608
Telephone: (512) 463-2950
FAX No.: (512) 463-0823
To TexPool with respect to operational matters, including enrollment documents; changes to Authorized
Representatives; Bank Information Sheets; initiation of deposits or withdrawals of funds; changes to
addresses; audit confirmation requests: and account inquiry:
TexPool Participant Services
Page 5
208
First Southwest Asset Management. Inc.
1700 Pacific Avenue, Suite 1300
Dallas. TX 75201-4652
Telephone: 1-888-839-7665 or (214) 953-4064
FAX No.: (214) 953-8777
The Participant and the Trust Company agree to notify the other of any change affecting this information
and agree that unless and until so notified, the other party shall be entitled to rely on the last information
provided.
Section 6.02. Taxpayer Identification Number. The Participant's taxpayer identification number assigned by
the Internal Revenue Service is: 74-6000574 . The Participant hereby agrees to notify the Trust
Company of any change affecting this Taxpayer Identification number and agrees that unless and until so
notifies, the Trust Company shall be entitled to rely on same in providing any and all reports or other information
necessary or required by the Federal tax laws as amended from time to time.
Section 6.03. Severability. If any provision of this Agreement shall be held or deemed to be in fact illegal,
inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or
render the same invalid, inoperative or unenforceable to any extent whatsoever.
Section 6.04. Execution of Counterparts. This Agreement may be simultaneously executed in several separate
counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 6.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas. Venue for any dispute under this Agreement shall be in Travis County, Texas.
Section 6.06. Captions. The captions or headings in this Agreement are for convenience only and in no way
defined, limit or describe the scope or intent of any provisions, articles or sections of this Agreement.
Section 6.07. Amendments.
The Trust Company shall advise the Participant in writing of any amendments to this Agreement no less than
45 days prior to the effective date of such amendment. The Participant may ratify the proposed amendment
of this Agreement by letter to the Trust Company. In the Event the Participant elects not to ratify the
amendment. the Participant may terminate this Agreement in accordance with Section 6.08. In the event the
Participant fails to respond in writing to a notice of amendment prior to the effective date of such
amendment, this Agreement shall be deemed amended.
(b)
The Trust Company may periodically revise the Operating Procedures from time to time as it deems
necessary for the efficient operation of TexPool. The Participant will be bound by any amendment to the
Operating Procedures with respect to any transaction occurring subsequent to the time such amendment takes
effect. provided, however. that no such amendment shall affect the Participant's right to cease to be a
Participant.
Section 6.08. Termination. This Agreement may be terminated by either party hereto, with or without cause,
by tendering 30 days prior written notice in the manner set forth in Section 6.01 hereof.
Section 6.09. Term. Unless terminated in accordance with Section 6.08, this Agreement shall be automatically
renewed on each anniversary date hereof.
Page 6
209
Section 6.10. Assignment. The Trust Company may enter into an agreement with a third party investme~.
manager to perform its obligations and service under this Agreement, provided that such third party investment
manager shall manage TexPool according to the Investment Act, Investment Policy and in a manner consistent
with that directed by the Trust Company. The Trust Company also shall have the right to assign its rights and
obligations under the Agreement to a third party investment manager if the Trust Company determines that such
assignment is in the best interest of the State and Participants. In the event a successor pool to TexPool is
deemed by the Trust Company to be in the best interest of the State and the Participant, the Trust Company may
take any action it deems necessary to assign its rights and benefits under any third party agreements and transfer
the assets from TexPool to any successor pool.
In Witness Whereof. the parties hereto have caused this Agreement to be executed as of the dates set
forth below, and the Agreement shall be effective as of the latest such date.
PARTICIPANT
The City of Corpus Christi
Signature:_
Printed Name: George K. Noe
Title:___Deputy City Manager
Date:
TEXAS TREASURY SAFEKEEPING TRUST
COMPANY
Comptroller of Public Accounts
Signature:
Printed Name:_
Title:
Date:
CERTIFICATE OF INCUMBENCY
The preceding signatory is a duly appointed, acting, and qualified officer of the Participant, who, in the
capacity set forth above is authorized to execute this Agreement.
IN WITNESS WHEREOF. I have duly executed this certificate as of the day
Of ____. 20____.
Signature:
Name: _
Title: __
Page 7
210
RESOLUTION
AUTHORIZING PARTICIPATION IN THE LOCAL GOVERNMENT
INVESTMENT COOPERATIVE AND DESIGNATING AUTHORIZED
REPRESENTATIVES.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
as amended (the "Interlocal Act"), permits any "local government" to contract with one or more
other "local governments" to perform "governmental functions and services", including investment
of public funds (as such phrases are defined in the Interlocal Act);
WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement
to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the
Government Code;
WHEREAS, the Act permits the contracting parties to any interlocal agreement to create
an administrative agency to supervise the performance of such interlocal agreement and to employ
personnel and engage in other administrative activities and provide other administrative services
necessary to execute the terms of such interlocal agreement;
WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government
Code. as amended (the "PFIA'), anthorizes tl-,e entities described in Subsection (a) of the PHA to
invesi their funds in an eligible public fund investment pool, and the Local Government Investment
Cooperative h~-s become and intends to remain an eligible public funds investment pool, under the
terms and conditions set forth in PFIA;
WHEREAS, the City, of Corpus Christi, (the "Government Entity") desires to enter into that
certain Interlocal Agreement (the "Agreement"), a copy of which is presented with this Resolution
and is incorporated herein by reference, and to become a participant in a public funds investment
pool created thereunder and under PFIA, to be known as Local Government Investment Cooperative
(the "Cooperative");
WHEREAS, the Government Entity is a Government Entity as defined in the Agreement;
and
WHEREAS, the Government Entity desires to cause administration of the Cooperative to
be performed by a board of directors (the "Board"), which shall be an administrative agency created
under the Interlocal Act; and
.WHEREAS, the Govemment Entity desires to designate the Board as its agency and
insmentality with authority to supervise performance of the agreement. employ personnel and
engage in other administrative activities and provide other adrninistratix;e services necessary to
execute the terms of the Agreement: and
WHEREAS. each capitalized term used in this Resolution and not otherwise defined has
the same meaning assigned to it in the Agreement;
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. The Agreement is hereby approved and adopted and. upon execution thereof
by an Authorized Representative (defined below) and receipt of the Govemment Entity's application
211
to join the Cooperative by Administrator, the Government Entity shall become a Participant in the
Cooperative for the purpose of investing available funds therein from time to time in accordance
with its terms.
SECTION 2. The Board is hereby designated as an agency and instrumentalit' of the
Governmere Entity. and Board shall have the authority to supervise performance of the Agreement
and the Cooperative. employ persormel and engage in other administrative activities and provide
other administrative services necessary to execute the terms of Agreement.
SECTION 3. The investment policies of the Cooperative, as set forth in the document
entitled Investment Policies, summarized in the Information Statement, and as may be amended from
time to time by the Board, are hereby adopted as investment policies of the Government Entity with
respect to money invested in the Cooperative, and any existing investment policies of the
Government Entity in conflict therewith shall not apply to investments in the Cooperative.
SECTION 4. The following officers, officials or employees of the Govermment Entity are
hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full
power and authority to: execute the Agreetnent. an application to join the Cooperative and any other
documents required to become a Participanti deposit money to and ~vithdraw money fr6m the
Government Entity's Cooperative account from time to time in accordance wth the Agreement and
the Information Statement; and take all other actions deemed neeessay.: or appropriate for the
investment of funds of the Government Entity:
Signature:
Printed Name: Dorothea Montoya
Title: City Treasurer
Signature:
Printed Name:
Title:
David Hedberg
Investment Analyst
Signature:
Printed Name:
Title:
Audre Debler
Chief Accountant
In accordance with Cooperative procedures. an Authorized Representative shall promptly
notify the Cooperative in ~witing of any changes in who is serving as Authorized Representatives.
SECTION 5. In addition to the foregoing Authorized Representatives, each Investment
Officer of the Cooperative appointed by the Board from time to time is hereby designated as an
investment officer of the Government Entity and. a such, shall have responsibility for investing the
share of Cooperative assets representing thnds of the Government Entity. Each depository and
custodian appointed by the Board ti'om time to time are hereby designated as a depository and
custodian of the Government Entity for purposes of holding the share of Cooperative assets
representing funds of the Government Entity.
212
ATTEST:
Armando Chapa, City Secretary
Samuel L. Neal. Jr., Mayor
The City of Corpus Christi
Legal form approved ':~-~v~ ] '~ , 2000; James R. Bray, Jr., City Attorney
Bv:
Li~sZ~uuil~City A~omey
H:~LEG-DIR\VERONICA\LISA/ORD2\ORD2.168
213
Interlocal Agreement _
THIS INTERLOCAL AGREEMENT fro ether with any amendments and supplemeh
referred to as this "Agreement") dated as of April4, 1994, is made and entered into by and among
each of those government entit!es initiall executin this Agreement and any,, other government
entity that is eligible and becomes a pan'/'~ere~o (CQ~ectively, the "Participants ').
WHEREAS, the Intedocal Cooperation Act, Chal]ter 791 of the Texas Government Code,
as amended (the "lnterlocaj Act"), permits any "tocaJ government~' to contract with one or more
other "local governments" to perform "governmental functions and serwces," including investment
of public funds (as such phrases are defined in the Act);
WHEREAS, the Interlocal Act authorizes the co~i~act~ng paffies to any intedocal
T
agreement to contract with agencies of the State of exas, within the meaning of Chapter 771 of
the Government Code;
WHEREAS, the Intedocal Act permits the contracting parties to any interlocal agreement
to creme an administrative a9ency to sUoennse The pprtorm~,'~pe of such imedocat agreement and
to employ pemonnel and engage tn other adm~nlatrative activities and prowde Other edminis;..~ve
sen/ices necessary to execute the terms of such intedocal agreement;,
WHEREAS, the Public Funds tnvestment Act, Chapter 2256 of the Texas Government
Code, as amended (the "PRA") authorizes the envies described in Subsec~on (a) of the PFIA to
invest their funds in an eligible public funds investment pool;
WHEREAS, each of the Participants qualifies as a government entity under this
Agreement;,
WHEREAS, the Participants desire to establish and maintain a public funds inve=;.,,ent
I for the purpose of pooling their local funds for joint investment m accordance with ~
m{x~°erlocai Act and PRA and the terms hereof and providing assistance to each othr
investment alternatives and on other issues of concern to the Participants;
WHEREAS, the Participants desire that the public funds inve-jb.ent pool be e~i~iled LOcal
Government investment Cooperative (the "Cooperative") and the Cooperatrve be managed and
operated by a Board of Directors, which shall be an administrative agency created under the
Interlocal Act;
WHEREAS, each of the Participants has duly taken all official action nacessan/and
b
appropriate to ecome a pa~cy to this Agreement, including the adoption of a resolution;
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained heroin the Participants mutually agree as follows:
ART1CLE 1
Definitions and Rules of Construction
,~ection 1.01. Definitions.
Except as othenNise provided in this Agreement, the capitalized terms used heroin shall
have the following meanings unless the context otherwise requires:
ACcount - any account established by a Participant,
Additional Party Agreement - a document substantially in the form attached herato as
an Appendix which, when attached to a copy of this Agreement and executed by an Authcj. L~zed
214
Representative of a Government Entity, constitutes a valid and binding comemart of this
Agreement and results in the Government Entity becoming a party to this Agreement.
Administrator - The Trust Company of Texas, or any other person, firm or organization
approved by the Board and under contract to provide admmistrative assistance in connection with
the management and operation of the Cooperative.
Adviser - The registered investment adviser or advisers selected by or at the direction of
Authorized Investments - those investments which are authorized from time to time to
be purchased, sold and invested in under PRA or other applicable law and further defined in the
Investment Policies.
Authorized Representative - an individual authorized to execute documents and take
other necessary actions, pursuant to this Agreement, on behalf of a Government Entity er other
erson, firm or organization, as evidenced by a duly edo~ed resolution or .l~.aw of the ovaruing
~::).dy. of such Government Entity or other person, firm or o an~zation, a cerfted copy ~,which is
on file with the Administrator. in the case of a Govemm~trg~tity that is a combination of poticai
subdivisions under the Act, the Authonzed R resentatives of any edminisb-mNe agency
appointed by such combination of political su~JP~sions shall be deemed to be Authorized
RepresentatNes for such Government Entities.
Board - the governing body of the Cooperative, known as The Board of Directors of Local
Govemment Investment Cooperative.
Bylaws - with respect to the inffial Participants, the proposed bylaws of the Bond
presented to them, and after creation of the Board, its bylaws, as the same may be amended from
time to time, subject to the requirements of this Agreement,
Cooperative - the public funds inveub,ent cooperative created pursuant to this
Agreement.
Custodian - the person selected by or at the direction of fie Board to have custody of all
money, investments and other assets of the Cooperative pursuant to this Agreement and subject
to applicable law.
General Manager - Southwest Securities Group, tnc., or any other person, firm or
organization which has contracted with the Board to provide general management services to the
Board.
Government Entity - a local government of the State of Texas, as defined in the
Interlocal Act or a state agency, as defined in Section 771.002 of the Govemment Code, including
but not limited to an incorporated cit~ or town, a county, a public school dist~ct, a dis~ct or
authority created under art. Ill, Section 52(b)~1) or (2 of the Texas Const~ution, or air, XVI,
'Section 59 of the Texas Constitution , an institution ~ higher education as defined by Section
61.003 of the Education Code, a hospital district, or a fresh water supply district.
Information Statement - the information statement or any other document disffibuted to
Participants and potential Participants to provide them with a description of the man ement and
operation of the Cooperative, as the same may be amended from time to time, ~saug~ject to the
requirements of this Agreement.
Interlocal Act - the Intedocal Cooperation Act, Chapter 791 of the Texas Government
Code, as the same may be amended from time to time.
Investment Officer - one or more officers or employees of the Board designated as
investment officers 13y the Board.
215
Investment Policies - the written Investment Policies adopted and aDproved by the
Board governing investment and management of CQoperatrve assets of different Portfolios, as
same may be amended from time to time, subject to the requirementS of this Agreement.
Marketing Representative ~ Broker Transaction Services, Inc. or any other person, firm
or organization authonzed by the Board to prQmcte the Cooperative.
Participants - the Government Entities that are the initial parties to this Agreement and
the Government Entities which subsequently become parties to this Agreement.
PFIA - the Public Funds Investment Act, Chapter 9_256, Texas Government Code, as the
same may be amended from time to time.
Portfolio - a portfofiQ of assets in the Cooperative which are held separate from other
assets of the Cooperative and which are invested with li defined investment oblective which may
be different from other Portfolios in the Coopermire, and in which a Participant may elect to invest
its funds.
State - the State Qf Texas.
Unjt~ - equal pro onionate units of undivided beneficial interest in the assets of the
Cooperative or of any Po~tio of the Cooperative from time to time, including fractions of units as
well as whole units.
Section 1,02; General Rules of Construction.
(a) Whenever in this Agreement the context requires: (1) a reference to the singular
number shall include the plum and vice versa; and (2) a word denoting gender shag be construed
I .
to include the mascu ine, feminine and neuter,
(b) The btles given to any article or section of this Agreement are for conven
only and a~e not intended to modffi/the ardcle or section.
ARTICLE II
Creation of the Cooperative; Purpose and Objective
Section 2,01, Creation of the Board,
(8) The inffial Participants hereby agree to jointht invest their funds in a public funds
investment pop. to be known as Local Government Investment Cooperative (the "Coo ' ")
· ' ' Co) The Participants delegate to the Cooperative through its Board, the authority to
hold I title to and manage all. mon, invesm~ents and other assets transferred to or acquwed
.y th . ooper . p. ,,ant to theAa mant
(C) AS an agency and instrumentality of the Participants, the Board shall have the
auth rity to employ personnel, engage in other ~dministrative activities and pro~nde other
adm'nistrative services necessary to accomplish the purpose of this Agreement.
,Section 2;02; Purpose and Objective
(.a) The first purpose of the Cooperative is to provide Government Entities with a
variety of ~nvestment vehicles to beet suit their investment needs with each Portfolio tsjlored to
meet a specific investment need.
216
(b) The second purpose of the Cooperative is to provide Government Entities with a
forum for discussion or, and to prowde education concerning, investments and other issues 4at
concern in public finance. In all cases, however, the Cooperative will have i folbwing
investment objectives in order of priority: safety of pnncipal; liquidity in accordance with the
operating requirements of Participants; and the highest rate of return.
(C) In order to accomplish the Coo erative's objective, each Participant agrees ti'lat
the money transferred to a Portfolio within the ~o~operatlve witl be commin led with other money
transferred to the Portfolio by other Participants for the purpose ;? making AuthorizedE
Investments, subject to the terms of this Agreement, the Investment Policies and 'cable law,
thereby taking advantage of investment oppor~nities and cost benefits av~ to larglr
investors.
ARTICLE III
Cooperative Administration
Section 3.01. The Board and the Bylaws
(a) The business and affairs of the Cooperative shall be managed by the Board as
governing body of the CooperatNe.
(b) The Board is authonzed to adopt Bylaws which shall set forth, among other
things, the initial Board memt~ers, the. procedures g.ovemin the selection of the members of the
Board, the procedure for holding meetings, the etecUon of ~?~l~icers, and other matlers necessary or
desirable for governance by. the Board and the ngffi of the B..o~., the.General Manager, and oilmar
consultants to be indemnffied for damages ans,ng from thmr ac~ons m connec'don with the
Cooperative. By executing this Agreement, the Participant consents to time B . By
maintaining funds in the Cooperative after an amendment to the Bylaws becomes ~', the
Participant consents to the BylaWs, as amanZecat. The Board has the right to amend any term or
provision of the Bylaws, prcNsded that notice is sent to each Pardci ant at least 30 days prior to
the effective date of any change which, in the opinion of the Boi~rC~, is a mstedal change to the
Bylaws,
Section 3.02. Powers and Duties of the Board.
(a) Sub ect to applicable law and the terms of this Agreement, the Board shall have
full and complete power to take al actions, do a I things and execute al nstmments as it deems
necessary or desirable in order to carry out, promote or advance the investment objectWe,
ft
interests and pu oses o he Cooperative to the same extent as if the Board was the sole and
absolute owner ~r~the Cooperative.
(b) The Board shall adopt and maintain Investment Politics, consistent with the
general objective of the Cooperative, which shall provide more detailed guidelines for investment
and management of Cooperative sets. By executing this Agreement, the initial Participants
co~lsent to the proposed Investment Policies, and the subs uent Participants consent to Ule
· Investment Policies then in effect. By maintaining funds in th~e~operstNe after any amendment
to the Investment Policies becomes effective, the Participant has consented to the Investment
Policies, as amended. The Board shall, sub ect to the terms of this A reement, have the authority
to amend any term or provision of the Investment Policies, provide~g that notice is sent to eac~
Participant at least 30 days dor to the effective date of any change which, in the opinion of the
Boare, wilt have a material ef~6~t on such Participant's investment in the Cooperative.
(C) The Board shall adopt and maintain Operating Procedures, which shall provide
more detalted information on the procedures for deposmng and withdrawing funds from the
Cooperative. By executin this Agreement, the initial Participants consent to the proposed
Operatin Procedures, an;;? the subsequent Participants consent to the Operatin Procedures
than in ~gffect. By maintaining funds in the Cooperative after any amendment to ~e Operating
Procedures becomes effective, the Participant has consented to the Operating Procedures, as
amended. The Board shall, subject to the terms of this Agreement, have the authority to amend
n
any term or provision of the Operati g Procedures provided that notice is sent to each Participant
217
at least 30 days prior to the effective date of any change which, in the opinion of the Board, will
have a material effect on such Participant's investment in the Cooperative.
d The Board shall designate one or more Investment Officers fur the Cooparmiv~
who sha~l Ae responsible for the investment of Cooperative assets, provided that no person who is
an officer or employee of a r ional ptannin commission, council of governmeets or similar
regional planning a enD/creat~ pursuant to ~h ter 391 of the Govemment EntiW Code of the
State shall be eiigit~?; to serve as an Investment ~'cer.
(e) The Board shall prepare, or direct the preparation of an Informalion Statement
that describes hew the CooperalWe will operate in accordance with the terms of ~ Agreement
and the nvestment Policies. Subject to the terms of this Agreement and the Inve~b,,ent Policies,
the Information Statement may be amended or supplemented, notice of which will be pmvk:led to
P
Participants in accordance with the disclosure requirements of FIA.
(t) The Board shall, subject to the limitations established in the Inveslment Polic~
have full and complete power and authority to appoint a general manager and any other eelvice
proriders deemed necessary or helpful in me operation of the Coope~al~ve.
{g) The Board shell rovide, through peer review, seminars, computer mall systems,
or other means, information anoP educational opportunities to Partialpants on investing anf* an
other issues in the area of public finance.
(h) The Board shall have full and complete power to use, or direct the use of,
Cooperative assets fur the foliowin purposes: (1 incur and pay any xpenses which, in its
opimon, are necessary or incide~ to or proper ~or carryin out arty of the purposes of this
i b
_Agreement;, (2) reimburse others for the payment fiereef;, (~ pay approp 'ate compensation or
feim to persons with whom the Cooperative has contracted or t~ansamecl usiness; and (4)
~charge a Partialpant's Acoouof fur any special fees or expenses related specifically to transactions
such Account.
"(i) The Board shall have furl power to compromise, article, or otherwise er'
claims in favor of or against the CooperatWe.
~) The Board shall cause financial statements to be prepared and maintained for the
CooperatNe and for such statements to De audited annually by an independent ceffified public
accounting firm.
(k) The Board may appoint a General Manager to perform managedel services fur
the Cooperative, provided that the Board shall continue to oversee the operation and
management of the Ccol~eratjve and shall have the authorit~ to direct the General Manager to
take or not take specffic action on behalf of the Cooperative.
(i) The enumeraIfun of any specific ewer or authority herein shall not be consmJed
as limiting the general power and authority of the I~oard over the Coopermive.
· · ' · · Section 3.03. Liability.
(a) Neither the Board, the Investment Officers, nor any officers, employees or board
members of any of the forgoing shall be held liable for any action or omission to act on bedaft of
the Cooperative or the Participants unless caused by such person's willful misconduct, The
Cooperative shall indemni~/and hold harmless either direcffi/or throu insurance) any person
~erred to n this Section. to the extent permitt~,,cl by law. for any and a~litigatjon. claims or other
proceedings, including but not limited to reasonable attome fees, costs, judgemerits, settlement
payments and penalties arising out of the management andoperation of the Cooperative, unless
the litigation. claim or other proceeding resulted from the willful misconduct of such person,
(b) Neither the General Manager, the Marketing Representative, the Adminls~-aiur,
the Adviser the Subadviser. the Custodian. nor their affilmtes, officers, em Ioyees or board
members shall be held ape for any action or omission to act on behalf of the ~pefative oc,tl3e
Pafficipants unless such person failed to meet the standard of care reqtared under ts agre~ t
218
relating to the Cooperative or acted with willful rnisoonduct. The Cooperative shall indemnify and
hold harmless (either d~rectiy or through insurance) any person referred to in this ~, to the
extent permitted by law, or any end all litigation, clams or other proc~s, including ~ not
limited to reasonal}le attorney fees, costs. iudgments, settJement payments and penallies arising
out of the management land operaon offthe Coo eratNe, unless the litigation, claim, or a~'ter
proceeding is adiudicated to have resulted rom sur_~ person's failure to meet the standard of care
required under its agreement relating to the Cooperative or its willful misconducI.
(c) The indemnffication provisions ere described in more detail in the Bylaws.
ARTICLE IV
Participation in the Cooperative
Section 4.01. Biglbility.
In order for a Govemment Entity to become a Paffidpant and transfer money into lhe
Cooperative, each of the following conditions must be satisfied:
(a) The Govemment Entity must adopt a resolution (1) auffic,~;~.~ig it to become a
Pafficipant and agprowng this Agreement, (2) estal}lishing the Board as an agency and
instrumentality of the Participant to sul~ervise the Coopera~ve, (3) ag roving the inveatment
policies of the Cooperative (as ame cied from time to time by the BoerSl) and diracting that any
conflicting local investment policies shall ot appl to Cooperative investments of the Pardcipam,
4 designating Authorized Representatives of ~f~e Participant, (5) designating the I~ierlt
t!~ficers appointed from time to time by the Board as the Pafficipanfs investment officers who
n n v
shall be responsiPle for investing the share of coo eratire assets representing local funds of ~
Participant, and (6) desgnatin9 the depository an)aPcustodian agpointed from time to ~ime by the
Board as the Government Entitys depository and custodian for purposes of holding the share of
Cooperative assets representing funds of the Go ernment Entity; and
(b) The Government Entity must become a to this Agreement by executing an
onal Ag mant and de h,.,.g theto=O. er a
co of the resolution referred to in subsecljon (a) of this Sectjan, an application in fon'n and
s~}st~ce satisfactory to the Board, and such o~er irrformation as may be required by the BoarcL
(c) No entity except a Government Entity may be a Pafficipant. The Board shall have
sole discretion to determine whether a Government Entity is eligble under Texas law to he a
Participant and to designate categories of Government Entities ehgihle to be Participants in any
Portfolio of the Cooperative.
Section 4.02. Participant ACcounts,
(a) While available local funds of Participants may be cornmingled for pu oses of
common mveatment and operational efficiency, one or more separate Accounts r~r each
pafficipant in each Portfolio in the Cooperative designated by the Participant will be established in
accordance with the Participant's application to join the Cooperative and malntajnep by the
Cooperative.
(b) Each Participant shall own an undivided beneficial interest in the assets in the
Portfolios in which it invests, calculated as described in the Investment Policies.
(c) The Participant agrees that all Cooperative fees shall be directly and
automatically assessed and cigargaol aganst the Participanrs Account. The basic services fee
shall be calculated as a reduction in the dally income earned and onl the net income shall be
credited to the Participant's Account. Fees for special sen~ices s~all be char ed to each
Pafficipant's Account as they are incurred or performed. Use of Cooperative assets ~oer fees shall
be made from current revenues available to the Participant.
219
Section 4.03. Reports, ~_
The Cooperative shall submit a written report at least once per month to each Particq3ar,.
Such report will indicate: (1) the balance in each Account of a Participant as of the date of such
re rt (2) yield information, (3) all account activity since the pre~ous report, and (4) other
'~o~'aUon required by PF A.
Section 4,04. Termination.
(a) A Parttci ant may withdraw all funds from an Account in accordance with the
nvestrnent Policies and ~peraung Procedures. A Participant may cease to be a Participant under
this Agreement. with or wsthout cause, by prorid ng written notice to the Cooperative at least 10
days pnor to such termination.
(b) The Board ma terminate a Participant's participation in this Agreement upon at
least 30 days notice if YFexas law changes so that such Pafficipant is no longer entitled to
{~.in an eligible public funds investment pool under PRA, the Interlocal Act, or other apptical~le
(c) Upon the vote of a majority of its full membership, the Board may order the
termination of this Agreement by directing that all outstanding opermtng expenses of the
CooperatNe be paid and remaining assets of the Cooperative be dismbuted to Participants in
accordance with their respective pro rata interests.
ART1CLE V
Cooperative assets
Section 5.01. Cooperative Investments. Cooperative assets shall be invested and
reinvested by the Cooperstjve only in Authorized Investments in accordance with the Investme~'''
Policies.
Section 5.02, Custody. All money, investments and assets of the Coopes~i;ve shall be
st
held in the possession of the Cu odian.
ARTICLE VI
Miscellaneous
Section 6.01. Severability.
If any provision of this A reement shall be held or deemed to be ~llegal,
(a) unenforceable, the same sh;~ not affect any other provisions contained heren or
inoperative or
render the san~e invalid, inoperative or unenfome':'hle to any extent wha~oever.
~) Any participation in this Agreement or transfer of assets to the Cooperative that is
not qualified for any reason shall not terminate this. Agreement or the pardcipal]on of other
Pafficipants or othen/v;se adversely affect the Cooperative.
Section 6,02, Mmitat|on of Rights,
This Agreement does not create any right, title or interest for any person other than the
Participants and any erson who has a contract to provide sen/ices to the Cooperative, and
nothing in or to be impPi;d from this Agreement is intended or shall be constn4ed to give any other
person any legal or equitable dght, remedy or claim under this Agreement.
220
Section 6.03. Execution of Counterparts.
This Agreement may be executed in several separate counterparts, including by
Additional Party Agreement, each of which shall be an original and all of which shall constitute one
and the same instrument. '
Section 6.04. Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State.
Section 6.05. Term.
This Agreement shal~ have an initial term beginning with the effective date sat forffi below
and ending March 31, 1995 and s all be automatically renewed for one year on such date and
each anniversan/of such ~date, exhcept with respect to an Government Entity that may have
terminated itself as a Partic'pant or as otherwise provided in ~ection 4.05.
Section 6.06. Notices. Any notices or other information required or permitted to be given
hereunder shall be sen~. (a) to the Cooperative as set forth in the Information Statement and b)
to a Pafficipant as set forth in its application to become a Partic pant or a s otherwise provided (l~
written notice to the AdministTator.
Section 6.07. Entire Agreement; Amendments. This Agreement represents the entire
agreement and understanding of the Participants. This Agreement ma be amended with the
approval of a majority of the full memberehip of the Board, provided ~at notice of any such
amendment is sent to all Participants at least 60 days prior to the effective date thereof.
IN WITNESS WHEREOF the initial parties hereto have caused this Agreement to be
By:. Is/Kathy Hvnson
Auffionzecl RepresentatWe
Kathy H son, County Treasurer %l~r~ntec] Name and Title
City of Wichita Falls, Texas
Name of Government Entry
By:./s/Jim Ber'zina
Authorized Representative
Jim Ber'zina. Ci Manaear
Pnnte~t~4ame and T;tle
221
Additional Party Agreement
The Govemment Entity of the State of Texas named below, acting by and
through the undersigned Authorized representative, hereby agrees to become a party
to that certain Intedocal Agreement to which this page is attached, and thereby become
a Participant in the Local Government Investment Cooperative, subject to all of the
terms and provisions of such Agreement. The undersigned hereby represents that it is
a Government Entity as defined in such Agreement,
Executed this day of
Name of Government Entity
By:
Authorized Representative
Pdnted Name
Title
ACCEPTED:
Local Government Investment Cooperative
By:.
LOGIC Administrator
Pdnted Name
Title
222
AGENDA MEMORANDUM
Date: September 12, 2000
Agenda Items:
Ordinance by the City Council of the City of Corpus Christi, Texas providing for the
issuance of $13,990,000 City of Cotpus Christi, Texis Combination Tax and Revenue
Certificates of Obligation, Series 2000, and ordaining other matters relating to the subject;
and declaring an emergency.
Ordinance appropriating $13,990,000 from the proceeds of the sale of Combination Tax and
Revenue Certificates of Obligation, Series 2000 in the No. 3411, Sanitary Landfill 2000 CIP
Fund to purchase property for a new landfill, pay for final cover cost, repay advances from
the Utility System funds, and perform certain street improvements approved in the Capital
Improvement Plan, and declaring an emergency.
Issue: Funding to purchase the new landfill, pay for the J. E. Elliott Landfill final cover, repay Utility
System for advances made for street improvements, and to close out remaining authorized 1986
street proj eels, are included in the certificates of obligation bond issue.
Required Council Action: Approve two Ordinances providing for issuance of $13,990,000 City of
Cotpus Christi, Texas Combination Tax and Revenue Certificates of Obligation, Series 2000, and
appropriating proceeds from the sale of the certificates of obligation.
Future Council Action: Approve an Ordinance for the purchase of land for the Cefe Valenzuela
Regional Landfill.
Recommendation: Staff recommends that the City Council approve the two Ordinances.
J G. Cruz-Aedo
nance
Attachments: Background Information
Ordinances (2)
223
BACKGROUND INFORMATION
The Capital hnprovem~nt Program (CIP) shows the landfill acquisition and final cover cost for J.C-
Elliott Landfill as being financed through debt programs. Previous rates were established to create
funding for the principal and interest costs associated with this debt program. Additionally, staff
recommended, and previous Council action authorized, the loan of funds fTom the Combined
Utilities to complete certain street improvenlents authorized in the CIP. These fxtnds will close out
the 1986 voter authorized street projects.
Certificates of Obligation are being recommended as the financing source for these projects since
this funding method allows the City to pledge Solid Waste revenues for repayment. Solid Waste
revenues have been adjusted to allow for repayment and the City will not be required to raise
property tax rates for this issue. Previous City Council actions authorized the loan offimds which
will be repaid by the Certificates of Obligation.
Solid Waste Services currently has two capital improvement projects which need to be financed
through this bond issue. These projects include the purchase and implementation of the Cef6
Valenzuela Regional Landfill and the final cover system installation for the City's J.C. Elliott
Landfill.
The City received fmal approval ~'om the Texas Natural Resource Conservation Commission in
March of 1999 for the Cefe Valenzuela Regional Landfill. The landfill will be located in Nueces
County approximately four miles southeast of the center of the town of Petronila, Texas and
fourteen miles southwest of Corpus Christi's City Hall in the southwest quadrant of the intersection
ofFann-to-Market Road 24 4~. and County Road 20. The proposed site encompasses 2,267.08 acres
and is currently under single ownership.
J. C. Elliott landfill final cover consists of final cover over approximately 23 acres of the J.C. Elliott
landfill. This cover includes, but is not limited to, site clearing and grading, excavation, backfill,
geosynthetic clay liner, linear low density polyethylene geomembrane, drainage geocomposite,
protective cover soil, topsoil, drainage chutes, and outlet structures, berms, drainage, ditches,
culverts, erosion control by seeding. These must be performed in accordance with post closure plans
and specifications and contract documents previously prepared by Shiner, Mosley and Associates,
Inc.
The Certificates of Obligation have been rated by Fitch: AA-; Standard & Poor's: A+; and Moody's
Financial Services: A3. Standard & Poor's and Moody's ratings remain unchanged; however,
Standard & Poor's has issued a negative outlook. Fitch, a new rarer, has issued an AA- for all
outstanding General Obligation bonds and Certificates of Obligation. This is the highest rating for
the City's existing bonds.
224
ORDINANCE
ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $13,990,000 CITY
OF CORPUS CHRISTI, TEXAS, COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 200.0, AND ORDAINING
OTHER MATTERS RELATING TO THE SUBJECT; AND DECLARING AN
EMERGENCY.
WHEREAS, on the 22nd day of August, 2000, the City Council of the City of Corpus Christi, Texas
(the "City" or the "Issuer") passed a resolution authorizing and directing notice of its intention to
issue the Certificates of Obligation herein authorized to be issued, to be published in a newspaper
as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, said notice was published on August 27, 2000, and September 3, 2000, in the Corn_us
Christi Caller-Times, a "newspaper" as described in Section 2051.044, Texas Government Code, as
mended, all as required by Section 271.049 of the Texas Local Government Code; and
WHEREAS, no petition, signed by 5% of the qualified electors of said City as permitted by said
Section 271.049 of the Texas Local Government Code protesting the issuance of such Certificates
of Obligation, has been filed with the City; and
WHEREAS, the Certificates of Obligation hereinafter authorized are to be issued and delivered
pursuant to Subchapter C of Chapter 271 of the Texas Local Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the
Certificates of Obligation to be issued by the City, designated the "City of Corpus Christi, Texas.
0JRB0500.073
225
Combination Tax and Revenue Certificates of Obligation, Series 2000," are hereby authorized to be
issued and delivered in the principal mount of $13,990,000 for the purpose of providing part of the
funds for paying contractual obligations to be incurred by the City, to-wit: the acquisition of land and
the construction of improvements to the City's solid waste facilities, constructing street and related
drainage improvements, and the payment for fiscal, engineering and legal fees incurred in connection
therewith.
SECTION 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That said
Certificates of Obligation shall initially be issued, sold and delivered hereunder as fully registered
certificates, without interest coupons, dated September 1, 2000, in the respective denominations and
principal amounts hereinafter stated, numbered consecutively from R-I upward, payable to the
respective initial registered owners thereof (as designated in Section 17 hereof), or to the registered
assignee or assignees of said certificates or any portion or portions thereof (in each case, the
"Registered Owner"), and said certificates shall mature and be payable on March 1 in the years and
mounts as set forth below, to-wit:
YEARS AMOUNTS(S) YEARS AMOUNTS(S)
2002 2012
2003 2013
2004 2014
2005 This section will be completed 2015
2006 a~er the sate of bonds on Monday, 2016
2007 9/I 1/00 2017
2008 2018
2009 2019
2010 2020
2011 2021
0JRB0500.073
226
The term "Certificates" as used in this Ordinance shall mean and include collectively the Certificates
of Obligation initially issued and delivered pursuant to this Ordinance and all substitute Certificates
of Obligation exchanged therefor, as well as all other substitute Certificates of Obligation and
replacement Certificates of Obligation issued pursuant hemto, and the term "Certificate" shall mean
any of the Certificates.
SECTION 3. REDEMPTION. (a) That the City reserves the fight to redeem the Certificates
maturing on or after March 1, 2012, at the par value thereof plus accrued interest, in whole or in part,,
in the principal amount of $5,000 or any integral multiple thereof, on March 1,2011, and on any date
thereafter. The years of maturity of the Certificates called for redemption at the option of the City
prior to stated matarity shall be selected by the City. The Certificates or portions thereof redeemed
within a maturity shall be selected at random and by lot by the Paying Agent/Registrar.
(b) At least 30 days prior to the date fixed for any such redemption, (i) a written notice of such
redemption shall be given to the registered owner of each Certificate or a portion thereof being called
for redemption by depositing such notice in the United States mail, first-class postage prepaid. in the
name of the City and at the City's expense addressed to each such registered owner at his address
shown on the registration books of the Paying Agent/Registrar and (ii) notice of such redemption
shall be published one (1) time in a financial journal or publication of general circulation in the
United States of America carrying as a regular feature notices of municipal bonds called for
redemption; provided, however. that the failure to send, mail, or receive such notice described in (i)
above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Certificate. and it is hereby specifically
provided that the publication of notice described in (ii) above shall be the only notice actually
0JRB0500.073 3
227
required in connection with or as a prerequisite to the redemption of any Certificates. By the date
fixed for any such redemption due provision shall be made by the City with the Paying
Agent/Registrar for the payment of the required redemption price for the Certificates or the portions
thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption.
If such notice of redemption is given, and if due provision for such payment is made, all as
provided above, the Certificates, or the portions thereof, which are to be so redeemed, thereby
automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after
the date fixed for their redemption, and shall not be regarded as being outstanding except for the
right of the registered owner to receive the redemption price plus accrued interest to the date fixed
for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The
Paying Agent/Registrar shall record in the registration books all such redemptions of principal of the
Certificates or any portion thereof. If a portion of any Certificate shall be redeemed a substitute
Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000, at the written request of the
registered owner, equal to the unredeemed portion thereof, will be issued to the registered owner
upon the surrender thereof for cancellation, at the expense of the City, all as provided in this
Ordinance.
SECTION 4. INTEREST. That the Certificates shall bear interest from the date specified in the
FORM OF CERTIFICATE set forth in this Ordinance to their respective dates of maturity or
redemption prior to maturity at the following rates per annum:
maturities 2002. % maturities 2007,
maturities 2003, . % maturities 2008,
maturities 2004, % maturities 2009,
maturities 2005, % maturities 2010,
maturities 2006. % maturities 2011,
This section will be completed
0JRB0500.073
after the sale of bonds on Monday,
9/11/00
228
maturities 2012,
maturities 2013,
maturities 2014,
maturities 2015,
maturities 2016,
maturities 2017,
maturities 2018,
maturities 2019,
maturities 2020,
maturities 2021,
Said interest shall be payable in the manner provided and on the dates stated in the FORM OF
CERTIFICATE set forth in this Ordinance.
SECTION 5. CHARACTERISTICS OF THE CERTIFICATES. (a) The City shall keep or
cause to be kept at the corporate trust office in Houston, Texas (the "Designated Trust Office") of
The Chase Manhattan Bank (the "Paying Agent/Registrar"), or such other bank, trust company,
financial institution, or other agency named in accordance with the provisions of (g) of this Section
hereof, books or records of the registration and transfer of the Certificates (the "Registration Books"),
and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep
such books or records and make such transfers and registrations under such reasonable regulations
as the City. and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make
such transfers and registrations as herein provided. The City Manager or the designee thereof is
hereby authorized to execute a "Paying Agent/Registrar Agreement" in such form as is approved by
the City Attorney. It shall be the duty of the Paying Agent/Registrar to obtain from the registered
owner and record in the Registration Books the address of such registered owner of each certificate
to which payments with respect to the Certificates shall be mailed, as herein provided. The City or
its designee shall have the right to inspect the Registration Books during regular business hours of
0JRB0500.073 5
229
the Paying Agent/Registrar, but othenvise the Paying Agent/Registrar shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by
any other entity. Registration of each Certificate may be transferred in the Registration Books only
upon presentation and surrender of such certificate to the Paying Agent/Registrar at the Designated
Trust Office for transfer of registration and cancellation, together with proper written instruments
of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing the assignment of such certificate, or any portion thereof in any integral multiple of
$5,000 denomination to the assignee or assignees thereof. and the fight of such assignee or assignees
to have such certificate or any such portion thereof registered in the name of such assignee or
assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new
substitute certificate or certificates shall be issued in exchange therefor in the manner herein
provided.
(b) The emity in whose name any Certificate shall be registered in the Registration Books at any
time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not
such certificate shall be overdue, and the City and the Paying Agent/Registrar shall not be affected
by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any,
and interest on any such certificate shall be made only to such registered owner. All such payments
shall be valid and effectual to satisfy and discharge the liability upon such certificate to the extent
of the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying
the principal of and interest on the Certificates~ and to act as its agent to exchange or replace
Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records
of all payments made by the City and the Paying Agent/Registrar with respect to the Certificates, and
0JRB0500.073 6
230
of all exchanges of such certificates, and all replacements of such certificates, as provided in this
Ordinance.
(d) Each Certificate may be exchanged for fully registered certificates in the manner set forth herein.
Each certificate issued and delivered pursuant to this Ordinance, to the extent of the unredeemed
principal amotmt thereof, may, upon surrender of such certificate at the Designated Trust Office of
the Paying Agent/Registrar, together with a written request therefor duly executed by the registered
owner or the assignee or assignees thereof, or its or their duly autb, ori'zed attorneys or representatives,
with guarantee of signatures satisfactory to the Paying Agenl/Registrar, at the option of the registered
owner or such assignee or assignees, as appropriate, be exchanged for fully registered certificates,
without interest coupons, in the form prescribed in the FORM OF CERTIFICATE set forth in this
Ordinance, in the denomination of $5,000, or any integral multiple thereof (subject to the
requirement hereinafter stated that each substitute certificate shall have a single stated maturity date),
as requested in writing by such registered owner or such assignee or assignees, in an aggregate
principal amount equal to the unredeemed principal amount of any Certificate or Certificates so
surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may
be. If a portion of any Certificate shall be redeemed prior to its scheduled maturity as provided
herein, a substitute certificate or certificates having the same maturity date, bearing interest at the
same rate, in the denomination or denominations of any integral multiple of $5,000 at the request
of the registered owner, and in an aggregate principal amount equal to the unredeemed portion
thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any
Certificate or portion thereof is assigned and transferred, each certificate issued in exchange therefor
shall have the same maturity date and bear interest at the same rate as the certificate for which it is
being exchanged. Each substitute certificate shall bear a letter and/or number to distinguish it from
0JRB0500.073 7
each other certificate. The Paying Agent/Registrar shall exchange or replace Certificates as provided
herein, and each fully registered certificate or certificates delivered in exchange for or replacement
of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall
constitute one of the Certificates for all purposes of this Ordinance, and may again be exchanged or
replaced. It is specifically provided, however, that any Certificate delivered in exchange for or
replacement of another Certificate prior to the first scheduled interest payment date on the
Certificates (as stated on the face thereof) shall be dated the same date as such Certificate, but each
substitute certificate so delivered on or after such first scheduled interest payment date shall be dated
as of the interest payment date preceding the date on which such substitute certificate is delivered,
unless such substitute certificate is delivered on an interest payment date, in which case it shall be
dated as of such date of delivery; provided, however, that if at the time of delivery of any substitute
certificate the interest on the Certificate for which it is being exchanged has not been paid, then such
substitute certificate shall be dated as of the date to which such interest has been paid in full. On
each substitute certificate issued in exchange for or replacement of any Certificate or Certificates
issued under this Ordinance there shall be printed thereon a Paying AgentjRegistrar's Authentication
Certificate, in the form hereinafter set forth. An authorized representative of the Paying
Agent/Registrar shall. before the delivery of any such substitute certificate, date such substitute
certificate in the manner set forth above, and manually sign and date such Authentication Certificate,
and no such substitute cenificate shall be deemed to be issued or outstanding unless such
Authentication Certificate is so executed. Ihe Paying Agent/Registrar promptly shall cancel all
Certificates surrendered for exchange or replacement. No additional ordinances. orders, or
resolutions need be passed or adopted by the City Council or any other body or person so as to
accomplish the foregoing exchange or replacement of any Certificate or portion thereof. and the
0JRB0500.073 8
232
Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
certificates in the manner prescribed herein, and said certificates shall be of type composition printed
on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant
to Chapter 1206, Texas Government Code, the duty of exchange i~r replacement of any Certificates
as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said
Paying AgenvXegistrar's Authentication Certificate, the exchanged or replaced certificate shall be
valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates
which originally were delivered pursuant to this Ordinance, approved by the Attorney General, and
registered by the Comptroller of Public Accounts. Neither the City nor the Paying Agent/Registrar
shall be required (1) to issue, transfer, or exchange any Certificate during a period beginning at the
opening of business 30 days before the day of the first mailing of a notice of redemption of
Certificates and ending at the close of business on the day of such mailing, or (2) to transfer or
exchange any Certificate so selected for redemption in whole when such redemption is scheduled
to occur within 30 calendar days.
(e) All Certificates issued in exchange or replacement of any other Certificate or portion thereof,
(i) shall be issued in fully registered form, without interest coupons, with the principal of and interest
on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior
to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for other
Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal
of and interest on the Certificates shall be payable, all as provided, and in the manner required or
indicated, in the FORM OF CERTIFICATE set forth in this Ordinance.
(f) The City shail pay all of the Paying Agent/Registrar's reasonable and customary fees and charges
for making transfers and exchanges of Certificates. but the registered owner of any Certificate
0JRB0500.073 9
requesting such transfer shall pay any taxes or other governmental charges required to be paid with
respect thereto. In addition, the City hereby covenants with the registered owners of the Certificates
that it will (i) pay the reasonable and standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal of and interest on the
Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services
with respect to the transfer or registration of Certificates solely to the extent above provided, and
with respect to the exchange of Certificates solely to the extent above provided.
(g) The City covenants with the registered owners of the Certificates that at all times while the
Certificates are outstanding the City will provide a competent and legally qualified bank, trust
company, financial institution, or other agency to act as and perform the services of Paying
Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will
be one entity. The City reserves the right to, and may, at its option. change the Paying
Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar. In the event
that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition,
or other method) should resign or otherwise cease to act as such, the City covenants that promptly
it will appoint a competent and legally qualified national or state banking institution which shall be
a corporation organized and doing business under the laws of the United States of America or of any
state, authorized under such laws to exercise trust powers, subject to supervision or examination by
federal or state authority, and whose qualifications substantially are similar to the previous Paying
Agent/Registrar to act as Paying Agent/Registrar under this Ordinance. Upon any change in the
Paying Agent/Registrar. the previous Paying Agent/Registrar promptly shall transfer and deliver the
registration books (or a copy thereof), along with all other pertinent books and records relating to
the Certificates, to the new Paying Agent/Registrar designated and appointed by the City. Upon any
0JRB0500.073 10
234
change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof to be sent
by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States
Mail, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar.
By accepting the position and performing as such, each Paying A~ent/Registrar shall be deemed to
have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
SECTION 6. FORM OF CERTIFICATES. That the form of the Certificates, including the form
of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of
Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached
to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively,
substantially as follows, with such appropriate variations, omissions, or insertions as are permitted
or required by this Ordinance. A legend of insurance provided by the insurance company issuing
a municipal bond insurance policy, if any, in respect to the certificates may be printed on the
certificates.
0JRB0500.073
ll
235
ORDINANCE
APPROPRIATING $13,990,000 FROM THE PROCEEDS OF THE SALE OF
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2000 IN THE NO. 3411, SANITARY LANDFILL 2000 CIP FUND TO
PURCHASE PROPERTY FOR A NEW LANDFILL, PAY FOR FINAL
COVER COST, REPAY ADVANCES FROM THE UTILITY SYSTEM
FUNDS, AND PERFORM CERTAIN STREET IMPROVEMENTS
APPROVED IN THE CAPITAL IMPROVEMENT PLAN; AND DECkARl~G
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $13.990,000 is hereby appropriated from the proceeds of the sale of
Combination Tax and Revenue Certificates of Obligation, Series 2000 in the No. 3411, Sanitary
Landfill 2000 CIP Fund to purchase property for a new landfill, pay tbr final cover cost. repay
advances from the Utility System funds. and perform certain street improvements approved in the
Capital Improvement Plan.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached.
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the
day of .2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa. City Secretary,
Samuel L. Neal. Jr.. MAYOR
APPROVED ~1 .,fl~-~ ~ '7
James R. Bray, J~-.
CiB,' Attorney
,2000
By:
Lisa Aguilar ~
Assistant City Attorney
236
AGENDA MEMORANDUM
September 12, 2000
SUBJECT: Acquisition of land for the new Cefe F. Valenzuela Landfill
Project # 5038
AGENDA ITEM: Motion authorizing the City Manager or his designee to exercise an
Option to Purchase for acquisition of 2,273.59 acres from Mr. John O. Chapman, Jr. in the
total amount of $5,021,109, including closing costs, for the development of the new Cefe
Venezuela Landfill.
ISSUE: Council approval is required to exercise the Option to Purchase before the
expiration of the Option pedod on September 26, 2000. This Option was originally
executed on September 19, 1995 for a three year term and renewed on September 8,
1998 for another two year term. This second term expires on September 26, 2000 and is
non-renewable.
FUNDING: Funds for this acquisition will be made available from the sale of Certificates
of Obligation as authorized by prior agenda item.
RECOMMENDATION: Approval of the motion as presented.
!
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Location Map
Option Summary
Information Summary
H:\HOMt=\EUSEBIOG\GEN~Agenda Items\New Landfill Site~Agenda Memorandum.doc
237
BACKGROUND ZNFORMATZON
SUBJECT: Acquisition of land for the new Cefe F. Valenzuela Landfill
Project # 5038
PRIOR COUNCIL ACTION:
1. September 19, 1995 - Approving the Citizens Landfill Site Advisory Committee
recommendation for a new landfill site and approval of an option agreement for the
purchase of + 2,250 acres for the new landfill from John O. Chapman, Jr. and
payment of $545,760 for the first option period of three (:3) years (Res. 022353).
2. January 16, 1996 - Award of a contract for legal services in the amount of $475,000
to Lloyd, Gosselink, Fowler, Blevins, & Matthews P.C. associated with the new
municipal solid waste landfill (M96-011 ).
3. February 13, 1996 - Award of contract in the amount of $1,485,800 to EMCON
(Shiner, Moseley & Associates - sub-consultant) for preliminary engineering design
and permitting of a new municipal solid waste landfill (M97-035).
4. December 24, 1997 - Award of Amendment No. 6 in the amount of $167,700 for
alternative off-site drainage design and permits (M97-380).
5. September 8, 1998 - Authorization to exercise a second option period of two (2)
years and the payment of $272,880 to John O. Chapman, Jr. (M98-315).
PRIOR ADMINISTRATIVE ACTION:
2.
3.
4.
5.
October 15, 1996 - Award of Amendment No. I for additional subsurface,
groundwater, mineral investigations in the amount of $129,250 (M96-318).
March 14, 1997 - Administrative award of Amendment No. 2 for off-site drainage
coordination the amount of $12,000.
March 27, 1997 -Administrative award of Amendment No. 3 for subsurface hydro-
geological analysis in the amount of $2,800.
November 4, 1997 - Administrative award of Amendment No. 4 for additional hydro-
geological analysis in the amount of $2,800.
December 3, 1997 - Administrative award of Amendment No. 5 for archeological
investigation of alternative off-site drainage ditch in the amount of $10,000.
FUTURE COUNCIL ACTION:
1. Approval of construction contracts for development of site improvements.
2. Authorization and approval of agricultural leases on undeveloped sections of the
landfill site.
Exhibit A
238 Page 1 of 2
H:XHOME~KEVINS\GEN\LANDFILLXValenzuela\purchasebkg,exa.doc
BACKGROUND:
The City began work on the development of a new replacement landfill in the early 1990's.
In July 1992, the City Council appointed a Landfill Site Advisory Committee comprised of
nine members to select a suitable site for the City's new landfill. On June 1993, the
committee presented their selection of the current site to the Council. The property
selected is owned by Mr. John O. Chapman, Jr., et ux and contains 2,773.59 acres of
land. The City's Land Acquisition Division was authorized to commence negotiations with
the owner.
In order to assure that the properly was suitable for landfill purposes, the City engaged in
environmental, geophysical, and archeological testing of the site. An Option to Purchase
agreement for $545,760 was authorized by Council and executed with the owner on
September 19, 1995 for a three year term which would allow entry to the property for
testing and permitting of the subject site. A renewal of the Option to Purchase was
subsequently executed on September 8, 1998 for a two year term at a cost of $272,880.
This second option period is non-renewable and will expire on September 26, 2000.
The option agreement specified that the two option fees paid by the City totaling $818,640
would be applied to the total purchase pdce if the City purchased the property before the
expiration of the agreement. As specified in the Option Agreement, the total sales price
is determined by multiplying the total acreage times an adjusted purchase price per acre.
To determine the adjusted purchase price per acre, the negotiated base price of $2,400
per acre is multiplied against an inflation factor derived from the Consumer Price Index
(CPI) for All Urban Consumers, Houston, Texas Average, All Items. This factor is
calculated by dividing the CPI index for August of the current year by the June 1995 CPI
base index. Currently, the gross purchase price amounts to $5,807,649, which is reduced
by the two option credits. After applying the credits, a total of $5,021,109 is needed for final
purchase which includes closing costs of $32,109.
First American Title Company has been selected as the closing agent because of their
previous title research work on this property. Closing of the sale must be completed pdor
to September 26 to avoid a recalculation of the CPI under the terms of the purchase
contract. First American Title Company is deemed best able to meet this deadline.
In addition, the J.C. Elliott Landfill is nearing the end of its usable life as a full service
municipal landfill. This landfill has a remaining capacity of approximately four (4) years.
Evaluation of the J.C. Elliott Landfill is presently being undertaken to determine
opportunities to extend its remaining life and future use(s). It is anticipated that J.C. Elliottt
may continue operation as a transfer station for citizen waste drop-offs, vegetation and
mulching operations, household hazardous wastes and other programs.
239 Page 2 of 2
H:\HoME\KEVINS\GEN\LANDFILL\valenzuela~purchasebkg.exa.doc
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Cefe F. Va!enzuela
Municipai Landfill
Cfl~ OF CORPUS CHRIST!. TEXAS
240
CITY COUNCIL EXHIBIT
OE~A~TM[NT OF EN~NEERING SERVICES
GATE,: fO/6/g9
OPTION SUMMARY
RECITAL
Buyer has identified the Seller's properby as an appropriate site for the location of
the landfill.
Buyer has the power of eminent domain and has used such power to condemn
Seller's property for landfill site.
Seller, under the threat of eminent domain, has agreed to sell according to the
terms of this Option Agreement.
AGREFMENT
Seller grants Buyer the exclusive option and fight to purchase the property in its
present condition upon the terms of this agreement,
The property consists of surface rights only together with any appurtenances.
Buyer may exercise the Option at any time during the two option periods by
payment as follows:
a. First Option Period: payment of $545,760 for the initial term of 36 months.
b. Second Option Period: payment of $272,880 for an extended term of 24
months.
The Option Agreement terminates on September 26,2000. If Buyer fails to
exercise the Option before its expiration, Buyer shall forfeit all sums.
' Buyer shall exercise the Option Agreement by giving written notice to the Seller.
The sales pdce is adjusted annually on the anniversary of the original date of the
Option Agreement of September 26, 1995. The sales price is based on the total
acreage multiplied times an adjusted purchase price per acre. This adjusted
purchase price per acre is calculated by multiplying the base price of $2,400 per
acre times a factor derived from the Consumer Price Index (i~e., All Urban
Consumers, Houston, Texas Average, All Items). This factor is calculated by
dividing the CPI index for August of the current year by the June 1995 CPI base
index. All Option money paid by the Buyer will be credited to the total sales
price.
Exhibit C
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Buyer shall obtain a survey at Buyers expense by a Registered Professional
Land Surveyor acceptable to Seller showing the total number of acres to be
conveyed.
Closing shall take place within two months after Buyers exercise of the Option.
At closing, Seller shall deliver a Special Warranty Deed conveying good and
marketable title to the surface only. Seller retains and reserves all oil, gas, and
other mineral rights as well as exploration rights.
The property being conveyed does not include any minerals or rights relating to
their development. Buyer may recover from the Seller for destruction or use of
the surface due to the extraction of minerals.
All ad valorem taxes shall be prorated to the date of closing. All closing costs
shall be paid by Buyer.
Seller warrants that it has good and marketable title to the property and is
authorized to convey the subject property. Buyer takes title subject to one or
more agricultural leases which can be terminated within one year by the Buyer.
No real estate agent has negotiated this agreement or will be entitled to a
commission.
Seller has a first refusal right to lease any portion of the property for agricultural
purposes. (Note: Seller has waived this right.)
If Seller fails to comply with the Option Agreement, Buyer has the right to cancel
this agreement, recover the Option money, and shall have the right to enfome
specific performance. If Buyer fails to comply after exercising the Option, Seller
shall retain the Option money and shall have the right to enforce specific
performance.
During the term of the Option, Buyer shall have the right to conduct inspections
of the property.
Buyer agrees not to exercise eminent domain for a period of ten (10) years from
the date of this agreement, September 26, 1995.
Any notice, designation, approval, or communication shall be done in writing and
conveyed to the address designated for Buyer and Seller. This agreement may
not be assigned by Buyer.
Seller shall execute a Memorandum of Option Agreement to be recorded in the
Nueces County Deed Records. (Note: Memorandum recorded 09-28-95)
Exhibit C
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INFORMATION SU/v RY
Owner:
Location:
Legal:
Zoning:
Utilities:
Tax Value:
Appraised Value:
John O. Chapman, Jr. and wife Louise Green Chapman
Farm to Market Road 2444, and County Roads 57, 20, and 16,
Nueces County, Texas.
2,273.59 acres of vacant land, Laureles Farm Tracts, being all of
Sections 22 and 41; South one-half of Section 42; the North one-
half of Section 43; and the North one-half of Section 44, Nueces
County, Texas also known as the John O. Chapman, Jr. Farm.
None, out of City limits
Electricity and Telephone
$1,458,750, Nueces County Appraisal District, 1999
$1,300 per acre rounded to $3,000,000
Appraised by Texas Realty Analyst on September 1, 1994.
Sales Price:
2,273.59 acres X $2,554.40/acre
Less Option Credits
Sub-total
Closing costs
$5,807,649
818.640
$4,989,009
$5,021,109
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Exhibit D
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